Board Of Supervisors — Tuesday, February 16, 2016
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Presentation of Animals at the Animal Care and Control Shelter
5. Consideration of Items Not Appearing on the Posted Agenda (Extra Items)
6. Current Construction Projects - Contract Change Orders
7. Approval of the Consent Agenda
7.1Approve Advertising Memo Bill between the County of Lake and Sonoma Media Investment, Inc. for Print and Online Publications, for Lake County Destination Marketing, a Contract Maximum of $60,775, and Authorize the County Administrative Officer to Sign.
Action Item
proposed on consent
Staff memo
EXECUTIVE SUMMARY:
In October 2015, Karleen Arnink-Pate, Chief Revenue Officer for Sonoma Media Investment, Inc. (SMI), the owner of the Press Democrat newspaper came to Lake County to meet with several marketing partners and Lake County business owners. The purpose of the meeting was to hear the concerns from Lake County residents and business owners about the perceived negative portrayal of Lake County in the Press Democrat.
The meeting was the brain child of Rebecca Pate, Marketing Consultant for SMI. Ms. Pate lives in Redwood Valley, and has strong ties to Lake County. She is very passionate about promoting Lake County.
This initial meeting was followed by a meeting in Santa Rosa with the Chief Executive Officer of Sonoma Media Investment, Inc. Steve Falk, and his Editor and Managing Editor, as well as the advertising team. Concerns and solutions were discussed. Ms. Pate again stressed that she felt Lake County was under-marketed to the North Bay area.
To show their commitment to Lake County, Sonoma Media Investment has agreed to be the major sponsor of the Lake County Winery Associations 2016 Wine Adventure, and has offered them quite a robust advertising campaign to promote this Lake County event. Terry Dereniuk, Director of LCWA says, "I believe that they have demonstrated a huge commitment to Lake County."
Sonoma Media Investments include the Press Democrat, Petaluma Argus-Courier, Sonoma Index-Tribune, North Bay Business Journal, Sonoma Magazine and Pressdemocrat.com
Recently Ms. Pate presented a proposal to Lake County Marketing Program (attached as Exhibit A.) The proposal laid out a 12-month strategy for purchasing ad space within the SMI family, to provide a very visible Lake County presence to the North Bay Area demographic. The proposal is about purchasing ad space, not providing other services. The cost of the ad space for 12 months is $60,775.00 or approximately $5,064/month.
LCMP staff and its marketing partners would like to implement the strategies set forth in this plan for the following reasons:
1. SMI has created a strong, consistent plan to actively promote Lake County as a vacation destination to the North Bay Area market. They have also created a robust plan to promote the 2016 Wine Adventure for the LCWA; and they are committed to helping Lake County's economic development.
2. SMI reaches an influential Bay Area market that is primed for weekend trips to Lake County.
3. SMI uses a multi-platform, multi-media strategy. The large digital advertising component of this plan fits into the LCMP marketing strategy of creating a bold, online presence.
4. One of the top objectives of this strategy is to change the negative reputation of Lake County in our neighboring communities, and turn it into a positive reputation.
5. It is very important for Lake County to have a strong, consistent destination marketing message after the summer fires of 2015. There has been a tremendous amount of exposure of Lake County created by the Valley Fire. We need to let people know we're open for tourism business.
6. There are enough funds earmarked for advertising and promotion in Budget Unit 1892 (Marketing and Economic Development) to cover these costs.
7. Because the LCMP markets Lake County to potential visitor outside of our community, its efforts are not often recognized by Lake County residents, and "the County Marketing program isn't doing anything" is heard on a regular basis. Advertising with SMI will create a positive Lake County presence in the North Bay Area, and also among our own Lake County residents.
Section 2-34.1 paragraph "d" states, "Purchases of space for legal or other advertising shall not be subject to the provisions of this article." Although the purchasing ordinance does not require a contract for this marketing advertising purchase, it was important to keep your Board apprised of large marketing expenditures.
..Recommended Action
RECOMMENDED ACTION:
Approve Advertising Memo Bill between the County of Lake and Sonoma Media Investment, Inc.'s for print and online publications, for Lake County Destination Marketing, contract maximum of $60,775, and authorize County Administrative Officer to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jill Ruzicka, Deputy County Administrative Office
DATE: February 16, 2016
SUBJECT: Approve Advertising Memo Bill between the County of Lake and Sonoma Media Investment, Inc.'s for print and online publications, for Lake County Destination Marketing, contract maximum of $60,775, and authorize County Administrative Officer to sign.
EXECUTIVE SUMMARY:
In October 2015, Karleen Arnink-Pate, Chief Revenue Officer for Sonoma Media Investment, Inc. (SMI), the owner of the Press Democrat newspaper came to Lake County to meet with several marketing partners and Lake County business owners. The purpose of the meeting was to hear the concerns from Lake County residents and business owners about the perceived negative portrayal of Lake County in the Press Democrat.
The meeting was the brain child of Rebecca Pate, Marketing Consultant for SMI. Ms. Pate lives in Redwood Valley, and has strong ties to Lake County. She is very passionate about promoting Lake County.
This initial meeting was followed by a meeting in Santa Rosa with the Chief Executive Officer of Sonoma Media Investment, Inc. Steve Falk, and his Editor and Managing Editor, as well as the advertising team. Concerns and solutions were discussed. Ms. Pate again stressed that she felt Lake County was under-marketed to the North Bay area.
To show their commitment to Lake County, Sonoma Media Investment has agreed to be the major sponsor of the Lake County Winery Associations 2016 Wine Adventure, and has offered them quite a robust advertising campaign to promote this Lake County event. Terry Dereniuk, Director of LCWA says, "I believe that they have demonstrated a huge commitment to Lake County."
Sonoma Media Investments include the Press Democrat, Petaluma Argus-Courier, Sonoma Index-Tribune, North Bay Business Journal, Sonoma Magazine and Pressdemocrat.com
Recently Ms. Pate presented a proposal to Lake County Marketing Program (attached as Exhibit A.) The proposal laid out a 12-month strategy for purchasing ad space within the SMI family, to provide a very visible Lake County presence to the North Bay Area demographic. The proposal is about purchasing ad space, not providing other services. The cost of the ad space for 12 months is $60,775.00 or approximately $5,064/month.
LCMP staff and its marketing partners would like to implement the strategies set forth in this plan for the following reasons:
1. SMI has created a strong, consistent plan to actively promote Lake County as a vacation destination to the North Bay Area market. They have also created a robust plan to promote the 2016 Wine Adventure for the LCWA; and they are committed to helping Lake County's economic development.
2. SMI reaches an influential Bay Area market that is primed for weekend trips to Lake County.
3. SMI uses a multi-platform, multi-media strategy. The large digital advertising component of this plan fits into the LCMP marketing strategy of creating a bold, online presence.
4. One of the top objectives of this strategy is to change the negative reputation of Lake County in our neighboring communities, and turn it into a positive reputation.
5. It is very important for Lake County to have a strong, consistent destination marketing message after the summer fires of 2015. There has been a tremendous amount of exposure of Lake County created by the Valley Fire. We need to let people know we're open for tourism business.
6. There are enough funds earmarked for advertising and promotion in Budget Unit 1892 (Marketing and Economic Development) to cover these costs.
7. Because the LCMP markets Lake County to potential visitor outside of our community, its efforts are not often recognized by Lake County residents, and "the County Marketing program isn't doing anything" is heard on a regular basis. Advertising with SMI will create a positive Lake County presence in the North Bay Area, and also among our own Lake County residents.
Section 2-34.1 paragraph "d" states, "Purchases of space for legal or other advertising shall not be subject to the provisions of this article." Although the purchasing ordinance does not require a contract for this marketing advertising purchase, it was important to keep your Board apprised of large marketing expenditures.
..Recommended Action
RECOMMENDED ACTION:
Approve Advertising Memo Bill between the County of Lake and Sonoma Media Investment, Inc.'s for print and online publications, for Lake County Destination Marketing, contract maximum of $60,775, and authorize County Administrative Officer to sign.
There was Board consensus to have Sonoma Media Investment representatives return next week and provide a presentation to the Board.
Clerk’s notes: This item was pulled by Chair Brown. Deputy County Administrative Officer Jill Ruzicka presented the item to the Board.
Chair Brown asked if anyone present wished to speak and the following people spoke: Joan Moss and Melissa Fulton.
7.2(Sitting as the Lake County Air Quality Management District Board of Directors) - Approve Bid #16-01 to Consolidated Analytical Systems, Inc. in the Amount of $56,149.77 for Purchase, Delivery, and Installation of One (1) Air Monitoring Shelter at the LCAQMD Office 2617 South Main Street, Lakeport, CA and Authorize the Air Pollution Control Officer to Issue the Notice of Award and Execute the Purchase Documents not to Exceed $59,866.00.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Lake County Air Quality Management District (District) published an Invitation For Bid (IFB) in the Lake County Record Bee on Friday, January, 15, 2016 for the purchase, delivery, and installation of one (1) Air Monitoring Shelter at the District Office 2617 South Main Street, Lakeport, CA 95453. Two bids were received in response to the IFB and on February 1, 2016 they were publicly opened and are attached for your reference.
The District has funds budgeted in account 299-8799-787-61.69 for this project. A portion of the project will be paid for with grant funds received from the USEPA.
The District originally planned to install a Monitoring Platform for the Station however, due to cost, time, and lack of response to the Engineering Contract, District staff desires to proceed with a prefabricated shelter structure option.
The IFB is very specific as to District needs. The bids received are listed below.
Bid 1: Consolidated Analytical Systems, Inc.
$ 59,866.00
Bid 2: Shelter One, Inc.
Non-responsive bidder (see below)
The department has determined that the bid quoted by Consolidated Analytical Systems, Inc. meets all specifications required of the bidder. Due to the fact that Consolidated Analytical Systems, Inc. is unable to collect or remit out-of-state sales tax, I request the tax amount of $3,716.23 be subtracted from the bid award and the District will remit the tax amount directly to the Auditor.
The County Purchasing Agent declared Shelter One, Inc. to be a non-responsive bidder. The bid provided by Shelter One, Inc. does not meet the specifications required. The bidder listed several exceptions to the bid including but not limited to: does not install OSHA railing, does not provide or install meteorological tower, and does not provide or install the staircase to the roof platform. These exceptions to the specifications requested would be burdensome to the District and require staff to contract with an engineer to design an OSHA compliant stair system, contract with a supplier to construct the stairs, and pay for installation of the stairs, the OSHA rails, and the meteorological tower, which staff would have to do another IFB for this purchase. The IFB specifically included these items to ensure that the shelter would be provided with the above installed by the vendor to ensure all warranties and approvals (OSHA specifically) are the responsibility of the vendor.
Therefore, I recommend the Board reject the bid from Shelter One, Inc. and approve the bid from Consolidated Analytical Systems, Inc. in the amount of $56,149.77.
..Recommended Action
RECOMMENDED ACTION:
(Sitting as the Lake County Air Quality Management District Board of Directors) - Approve Bid #16-01 to Consolidated Analytical Systems, Inc. in the amount of $56,149.77 for purchase, delivery, and installation of one (1) Air Monitoring Shelter at the LCAQMD Office 2617 South Main Street, Lakeport, CA 95453 and authorize the Air Pollution Control Officer to issue the Notice of Award and execute the purchase documents not to exceed $59,866.00.
Att:
Bid 1 - Consolidated Analytical Systems, Inc.
Bid 2 - Shelter One, Inc.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Directors, Lake County Air Quality Management
FROM: Douglas Gearhart, Air Pollution Control Officer
DATE: February 4, 2016
SUBJECT: (Sitting as the Lake County Air Quality Management District Board of Directors) - Approve Bid #16-01 to Consolidated Analytical Systems, Inc. in the amount of $56,149.77 for purchase, delivery, and installation of one (1) Air Monitoring Shelter at the LCAQMD Office 2617 South Main Street, Lakeport, CA 95453 and authorize the Air Pollution Control Officer to issue the Notice of Award and execute the purchase documents not to exceed $59,866.00.
EXECUTIVE SUMMARY:
The Lake County Air Quality Management District (District) published an Invitation For Bid (IFB) in the Lake County Record Bee on Friday, January, 15, 2016 for the purchase, delivery, and installation of one (1) Air Monitoring Shelter at the District Office 2617 South Main Street, Lakeport, CA 95453. Two bids were received in response to the IFB and on February 1, 2016 they were publicly opened and are attached for your reference.
The District has funds budgeted in account 299-8799-787-61.69 for this project. A portion of the project will be paid for with grant funds received from the USEPA.
The District originally planned to install a Monitoring Platform for the Station however, due to cost, time, and lack of response to the Engineering Contract, District staff desires to proceed with a prefabricated shelter structure option.
The IFB is very specific as to District needs. The bids received are listed below.
Bid 1: Consolidated Analytical Systems, Inc.
$ 59,866.00
Bid 2: Shelter One, Inc.
Non-responsive bidder (see below)
The department has determined that the bid quoted by Consolidated Analytical Systems, Inc. meets all specifications required of the bidder. Due to the fact that Consolidated Analytical Systems, Inc. is unable to collect or remit out-of-state sales tax, I request the tax amount of $3,716.23 be subtracted from the bid award and the District will remit the tax amount directly to the Auditor.
The County Purchasing Agent declared Shelter One, Inc. to be a non-responsive bidder. The bid provided by Shelter One, Inc. does not meet the specifications required. The bidder listed several exceptions to the bid including but not limited to: does not install OSHA railing, does not provide or install meteorological tower, and does not provide or install the staircase to the roof platform. These exceptions to the specifications requested would be burdensome to the District and require staff to contract with an engineer to design an OSHA compliant stair system, contract with a supplier to construct the stairs, and pay for installation of the stairs, the OSHA rails, and the meteorological tower, which staff would have to do another IFB for this purchase. The IFB specifically included these items to ensure that the shelter would be provided with the above installed by the vendor to ensure all warranties and approvals (OSHA specifically) are the responsibility of the vendor.
Therefore, I recommend the Board reject the bid from Shelter One, Inc. and approve the bid from Consolidated Analytical Systems, Inc. in the amount of $56,149.77.
..Recommended Action
RECOMMENDED ACTION:
(Sitting as the Lake County Air Quality Management District Board of Directors) - Approve Bid #16-01 to Consolidated Analytical Systems, Inc. in the amount of $56,149.77 for purchase, delivery, and installation of one (1) Air Monitoring Shelter at the LCAQMD Office 2617 South Main Street, Lakeport, CA 95453 and authorize the Air Pollution Control Officer to issue the Notice of Award and execute the purchase documents not to exceed $59,866.00.
Att:
Bid 1 - Consolidated Analytical Systems, Inc.
Bid 2 - Shelter One, Inc.
7.3Approve Minutes of the Board of Supervisors Meetings Held February 2, 2016, January 19, 2016 and December 1, 2015.
Minutes
pulled on consent
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, approved the minutes of the Board of Supervisors meetings held January 19, 2016 and December 1, 2105. The motion carried by the following vote:
Clerk’s notes: The minutes of the Board of Supervisors meeting held February 2, 2016 were not ready for approval.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
7.4Approve Resolution No. ULUSD 01-1516 of Upper Lake Unified School District Adopting a Conflict of Interest Code.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The above referenced Resolution was adopted at a meeting of the Upper Lake Unified School District's Governing Board on December 15, 2015, and was sent to your Board for approval.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Upper Lake Unified School District's Resolution ULUSD 01-1516, which adopts their Conflict of Interest Code.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Sara Shucart, Administrative Assistant
DATE: February 2, 2016
SUBJECT: Approval of a Resolution Adopting a Conflict of Interest Code for Upper Lake Unified School District
EXECUTIVE SUMMARY:
The above referenced Resolution was adopted at a meeting of the Upper Lake Unified School District's Governing Board on December 15, 2015, and was sent to your Board for approval.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Upper Lake Unified School District's Resolution ULUSD 01-1516, which adopts their Conflict of Interest Code.
7.5Approve Resolution No. 2015-2 of Kelseyville Cemetery District Establishing Updates to the Conflict of Interest Code and authorize the Chair to Sign.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The above referenced Resolution was adopted at a meeting of the Kelseyville Cemetery District's Board of Directors on October 14, 2015, and was sent to your Board for approval.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Kelseyville Cemetery District's Resolution 2015-2, which establishes updates to their Conflict of Interest Code.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Sara Shucart, Administrative Assistant
DATE: February 2, 2016
SUBJECT: Approval of a Resolution Establishing Updates to the Conflict of Interest Code for Kelseyville Cemetery District
EXECUTIVE SUMMARY:
The above referenced Resolution was adopted at a meeting of the Kelseyville Cemetery District's Board of Directors on October 14, 2015, and was sent to your Board for approval.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Approve Kelseyville Cemetery District's Resolution 2015-2, which establishes updates to their Conflict of Interest Code.
7.6Adopt Resolution Approving the 2015-16 Annual Update to the Mental Health Services Act Three-Year Program and Expenditure Plan for Fiscal Year 2014-15 through Fiscal Year 2016-17.
Resolution
passed on consent
Staff memo
BACKGROUND AND DISCUSSION: AB 1467, the omnibus health trailer bill for the 2012-13 State budget chaptered into state law on June 27, 2012, contained a number of amendments to the Mental Health Services Act (MHSA). Among them was the requirement that Three-Year Plans and Annual Updates be adopted by the County Board of Supervisors prior to submission to the Mental Health Services Oversight and Accountability Commission (MHSOAC).
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted: N/A
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): There is no fiscal impact as a result of this Annual Update.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Lake County Behavioral Health Director requests the County Board of Supervisors adoption of the 2015-16 Annual Update to the Mental Health Services Act Three-Year Program and Expenditure Plan for Fiscal Year 2014-15 through Fiscal Year 2016-17.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Linda Lovejoy, LMFT, MAC
Behavioral Health Director
DATE: February 16, 2016
SUBJECT: Adoption of the Resolution Approving the 2015-16 Annual Update to the Mental Health Services Act Three-Year Program and Expenditure Plan for Fiscal Year 2014-15 through Fiscal Year 2016-17
EXECUTIVE SUMMARY: Attached, please find for your review and adoption the 2015-16 Annual Update to the Mental Health Services Act Three-Year Program and Expenditure Plan for Fiscal Year 2014-15 through Fiscal Year 2016-17.
BACKGROUND AND DISCUSSION: AB 1467, the omnibus health trailer bill for the 2012-13 State budget chaptered into state law on June 27, 2012, contained a number of amendments to the Mental Health Services Act (MHSA). Among them was the requirement that Three-Year Plans and Annual Updates be adopted by the County Board of Supervisors prior to submission to the Mental Health Services Oversight and Accountability Commission (MHSOAC).
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted: N/A
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): There is no fiscal impact as a result of this Annual Update.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Lake County Behavioral Health Director requests the County Board of Supervisors adoption of the 2015-16 Annual Update to the Mental Health Services Act Three-Year Program and Expenditure Plan for Fiscal Year 2014-15 through Fiscal Year 2016-17.
7.7Adopt Resolution Approving Second Amendment to the Standard Agreement between the County of Lake and the Department of Health Care Services for the period between July 2, 2014 through June 30, 2017, an increase of $84,901 and Authorize the Behavioral Health Director to sign.
Resolution
passed on consent
Staff memo
BACKGROUND AND DISCUSSION: Due to the CONTRACTOR providing increased services outlined in the original contract, the Second Amendment shows an increase of $84,901 in the Maximum Amount Payable for a new Maximum Amount Payable of $2,086,753.
The Second Amendment also replaces Exhibit A, Attachment 1 with Exhibit A, Attachment 1A1; replaces Exhibit B with Exhibit B A1; and replaces Exhibit B, Attachment 1A1 with Exhibit B, Attachment 1A2.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Amount Budgeted: N/A
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): With this Second Amendment, there is an increase of $84,901 in the Maximum Amount Payable to Lake County Behavioral Health under the Substance Use Disorders Standard Agreement for Fiscal Year 2015-16 for a new Maximum Amount Payable of $2,086,753.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Lake County Behavioral Health Director requests the adoption of the Resolution to approve the Second Amendment to the Standard Agreement between the County of Lake and the Department of Health Care Services and to authorize the Behavioral Health Director to sign the Second Amendment to the Standard Agreement with the Department of Health Care Services.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Linda Lovejoy, LMFT, MAC
Behavioral Health Director
DATE: February 2, 2016
SUBJECT: Resolution to adopt the Second Amendment to the Standard Agreement between the County of Lake and the Department of Health Care Services for the period between July 1, 2014 through June 30, 2017.
EXECUTIVE SUMMARY: Attached, for your approval, is the Second Amendment to the Standard Agreement between the County of Lake and the Department of Health Care Services for the period between July 1, 2014 through June 30, 2017 for Substance Use Disorders. The purpose of the Second Amendment to the Standard Agreement is to modify the original terms and conditions in the Standard Agreement, to increase the funding for Fiscal Year 2015-16, and to identify the changes in original Exhibits incorporated into the Standard Agreement.
BACKGROUND AND DISCUSSION: Due to the CONTRACTOR providing increased services outlined in the original contract, the Second Amendment shows an increase of $84,901 in the Maximum Amount Payable for a new Maximum Amount Payable of $2,086,753.
The Second Amendment also replaces Exhibit A, Attachment 1 with Exhibit A, Attachment 1A1; replaces Exhibit B with Exhibit B A1; and replaces Exhibit B, Attachment 1A1 with Exhibit B, Attachment 1A2.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted: N/A
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): With this Second Amendment, there is an increase of $84,901 in the Maximum Amount Payable to Lake County Behavioral Health under the Substance Use Disorders Standard Agreement for Fiscal Year 2015-16 for a new Maximum Amount Payable of $2,086,753.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Lake County Behavioral Health Director requests the adoption of the Resolution to approve the Second Amendment to the Standard Agreement between the County of Lake and the Department of Health Care Services and to authorize the Behavioral Health Director to sign the Second Amendment to the Standard Agreement with the Department of Health Care Services.
7.8Lake County Behavioral Health requests approval of the Agreement between the County of Lake and Milhous Children’s Services for Specialty Mental Health Services for Fiscal Year 2015-16 in the amount of $25,000 and to authorize the Board Chair to sign the Agreement.
Action Item
passed on consent
Staff memo
FISCAL IMPACT (Narrative): The total amount budgeted for Children's Placements (RCL 14) for Fiscal Year 2015-16 is $175,000 of which Lake County Behavioral Health is requesting a contract maximum of $25,000. This contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%), EPSDT allocations, and Realignment funds.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Lake County Behavioral Health requests approval of the Agreement between the County of Lake and Milhous Children's Services for Specialty Mental Health Services for Fiscal Year 2015-16 in the amount of $25,000 and to authorize the Board Chair to sign the Agreement.
Original memo text
..Title
..Body
MEMORANDUM
TO: BOARD OF SUPERVISORS
FROM: Linda Lovejoy, LMFT, MAC
Interim Behavioral Health Director
DATE: February 2, 2016
SUBJECT: Agreement between County of Lake and Mountain Valley Child and Family Services for Specialty Mental Health Services for Fiscal Year 2015-16
EXECUTIVE SUMMARY: Attached, for your approval, is the Agreement between the County of Lake and Mountain Valley Child and Family Services for Specialty Mental Health Services for Fiscal Year 2015-16. Under the Agreement, Lake County Behavioral Health is obligated to pay for Day Treatment Intensive services at $202.43 per day, as well as any additional Specialty Mental Health Services at the current published rate.
BACKGROUND AND DISCUSSION: Mountain Valley Child and Family Services is an RCL 14 placement for children and youth in need of a more intensive program milieu. Day Treatment Intensive is provided five (5) days per week. As Lake County Medi-Cal beneficiaries have been placed at this facility by the Lake County Child Welfare Services or Probation Department, Lake County Behavioral Health is obligated to contract with this facility in order to provide the needed specialty mental health services to the clients placed at this facility. Therefore, LCBH is requesting to waive the formal bidding process pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the unique nature of goods or services.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $25,000
Amount Budgeted: $175,000
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): The total amount budgeted for Children's Placements (RCL 14) for Fiscal Year 2015-16 is $175,000 of which Lake County Behavioral Health is requesting a contract maximum of $25,000. This contract is funded through Medi-Cal reimbursement of the Federal Financial Participation (FFP) percentage (50%), EPSDT allocations, and Realignment funds.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: Lake County Behavioral Health requests approval of the Agreement between the County of Lake and Milhous Children's Services for Specialty Mental Health Services for Fiscal Year 2015-16 in the amount of $25,000 and to authorize the Board Chair to sign the Agreement.
7.9Adopt Resolution Approving Right of Way Certification for Mathews Road/Manning Creek - Bridge Replacement Project - State Agreement No. BRLO-5914 (072).
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY: As federal funds will be used for the subject project, Caltrans requires certification that all Right of Way is cleared before they will allow the project to proceed. All Right of Way for this project is now clear and ready to proceed with the certification.
Caltrans also requires that this Right of Way certification be authorized by an approved resolution by the Board of Supervisors. Both documents have been prepared and are attached for your consideration.
Staff recommends approval of the attached Resolution and Right of Way certification.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of the attached Resolution and Right of Way certification and authorizes the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Scott De Leon, Public Works Director
DATE: February 3, 2016
SUBJECT: Approval of Resolution Approving Right of Way Certification for Mathews Road/Manning Creek - Bridge Replacement Project - State Agreement No. BRLO-5914 (072)
EXECUTIVE SUMMARY: As federal funds will be used for the subject project, Caltrans requires certification that all Right of Way is cleared before they will allow the project to proceed. All Right of Way for this project is now clear and ready to proceed with the certification.
Caltrans also requires that this Right of Way certification be authorized by an approved resolution by the Board of Supervisors. Both documents have been prepared and are attached for your consideration.
Staff recommends approval of the attached Resolution and Right of Way certification.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION: Staff recommends approval of the attached Resolution and Right of Way certification and authorizes the Chair to sign.
7.10Approve Agreement between the County of Lake and the Department of Boating and Waterways, for Financial Aid Program in the Amount of $315,312, and Authorize the Sheriff to sign.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Department of Boating and Waterways has approved our financial aid application for Fiscal year 2016/17. Attached please find a copy of the contract for your review. A minute order authorizing Sheriff Brian Martin to sign the Program Agreement is required. Subvention monies from the State are utilized to fund the Sheriff/Marine Patrol budget 2205.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
These monies, along with money collected from the County's boat taxes will be used to fund the Marine Patrol budget 2205 for fiscal year 2016/17.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Department recommends approval of the agreement with the Department of Boating and Waterways, in the amount of $315,312 to fund the Sheriff/Marine patrol budget unit 2205, and Authorize the Sheriff to Sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Rob Brown, Chairman, Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner
DATE: February 2, 2016
SUBJECT: Approval of the Department of Boating and Waterways Financial Aid Program Agreement
EXECUTIVE SUMMARY:
The Department of Boating and Waterways has approved our financial aid application for Fiscal year 2016/17. Attached please find a copy of the contract for your review. A minute order authorizing Sheriff Brian Martin to sign the Program Agreement is required. Subvention monies from the State are utilized to fund the Sheriff/Marine Patrol budget 2205.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
These monies, along with money collected from the County's boat taxes will be used to fund the Marine Patrol budget 2205 for fiscal year 2016/17.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Department recommends approval of the agreement with the Department of Boating and Waterways, in the amount of $315,312 to fund the Sheriff/Marine patrol budget unit 2205, and Authorize the Sheriff to Sign.
7.11Approve Out of State Travel to Denver, Colorado for Marijuana Impact on Public Health and Safety Training, March 15-18, 2016 for two Sheriff Staff Members.
Action Item
passed on consent
Staff memo
EXECUTIVE SUMMARY:
The Sheriff's Office request approval to attend the Marijuana Impact on Public Health and Safety training being given in Denver, Colorado. A copy of the course flyer is attached for your review. Travel dates will be March 15 through March 18, 2016. Sheriff Martin and one of our Detectives will be attending and the estimated cost is 2,900. This course is budgeted in 2201/29.50
The Marijuana Impact on Public Health and Safety training is designed to impart new knowledge about the current state of affairs regarding marijuana and the effects of marijuana seen by Colorado law enforcement.
This conference was one many sheriffs and chiefs or police attended in 2015 and found it to be very beneficial in light of the issues California will be facing.
This will be the first collective outside group to receive the actual training Colorado law enforcement officers are currently receiving for field application to all marijuana related issues.
During this three-day event, the participants attend classes on evidence, seizures, toxicology, SFST update, warrants, felony DUI's, marijuana 101 course, prosecutor presentations, department of revenue reports and other topics concerning marijuana.
As we approach the legalization of marijuana attending this course will not only provide continuing training as it relates to marijuana, but give our department contacts to assist them and also give us training to prepare for what California will be facing.
The conference provides training in new knowledge about the current state of affairs regarding marijuana and the effects of marijuana seen by Colorado law enforcement. It is one thing to testify at a marijuana trial, but if you are able to say you have received continuing training on marijuana impact on Public Health and Safety, speaks volumes to a jury.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: 2,900.00
Amount Budgeted:
Additional Requested: N/A
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Sheriff's Department recommends your Board approve out of state travel to Denver, Colorado, for Sheriff Martin and one Detective, to attend the Marijuana Impact on Public Health and Safety training between March 15-18, 2016.
Original memo text
..Title
..Body
MEMORANDUM
TO: Rob Brown, Chairman, Board of Supervisors
FROM: Brian Martin, Sheriff-Coroner
DATE: February 3, 2016
SUBJECT: Approval for Out of State travel to Denver, Colorado for Marijuana Impact on Public Health and Safety training.
EXECUTIVE SUMMARY:
The Sheriff's Office request approval to attend the Marijuana Impact on Public Health and Safety training being given in Denver, Colorado. A copy of the course flyer is attached for your review. Travel dates will be March 15 through March 18, 2016. Sheriff Martin and one of our Detectives will be attending and the estimated cost is 2,900. This course is budgeted in 2201/29.50
The Marijuana Impact on Public Health and Safety training is designed to impart new knowledge about the current state of affairs regarding marijuana and the effects of marijuana seen by Colorado law enforcement.
This conference was one many sheriffs and chiefs or police attended in 2015 and found it to be very beneficial in light of the issues California will be facing.
This will be the first collective outside group to receive the actual training Colorado law enforcement officers are currently receiving for field application to all marijuana related issues.
During this three-day event, the participants attend classes on evidence, seizures, toxicology, SFST update, warrants, felony DUI's, marijuana 101 course, prosecutor presentations, department of revenue reports and other topics concerning marijuana.
As we approach the legalization of marijuana attending this course will not only provide continuing training as it relates to marijuana, but give our department contacts to assist them and also give us training to prepare for what California will be facing.
The conference provides training in new knowledge about the current state of affairs regarding marijuana and the effects of marijuana seen by Colorado law enforcement. It is one thing to testify at a marijuana trial, but if you are able to say you have received continuing training on marijuana impact on Public Health and Safety, speaks volumes to a jury.
FISCAL IMPACT: __ None _x_Budgeted __Non-Budgeted
Estimated Cost: 2,900.00
Amount Budgeted:
Additional Requested: N/A
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
Estimated cost is $2,900 and will be paid from the Sheriff-Coroner budget 2201/29.50
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION: The Sheriff's Department recommends your Board approve out of state travel to Denver, Colorado, for Sheriff Martin and one Detective, to attend the Marijuana Impact on Public Health and Safety training between March 15-18, 2016.
7.12Approve Agreement between the County of Lake and Redwood Toxicology Laboratory, Inc., for Drug and Alcohol Testing Services, in the Amount of $25,000 and Authorize the Chair to Sign.
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY:
As your Board is aware, Redwood Toxicology Laboratory (RTL) currently performs drug and alcohol testing for the Lake County Department of Social Services pursuant to an agreement executed in February 2011, terminating on January 31, 2016. Drug and alcohol testing is necessary to ensure the safety of dependent children and client compliance with mandates. Often the testing is court ordered.
In October 2015, based on changes to industry standards, RTL changed the testing services provided through this agreement. At that time, the agreement was not updated to reflect those changes. In order for the drug testing services detailed in the agreement to be compliant with the actual testing performed, RTL has requested that term of this agreement begin October 1, 2015. This has no impact on cost and is being requested solely for auditing purposes.
This contract extends the termination date to June 30, 2017, with no change to compensation.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $25,000 per fiscal year
Amount Budgeted: $25,000 per fiscal year
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
There is no county cost associated with this contract.
STAFFING IMPACT (if applicable):
This agreement does not impact staffing.
..Recommended Action
RECOMMENDED ACTION:
We recommend that your Board approve this Redwood Toxicology Laboratory, Inc. Service Agreement, authorizing the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Carol J. Huchingson, Social Services Director
DATE: January 27, 2016
SUBJECT: Redwood Toxicology Laboratory, Inc. Service Agreement
EXECUTIVE SUMMARY:
As your Board is aware, Redwood Toxicology Laboratory (RTL) currently performs drug and alcohol testing for the Lake County Department of Social Services pursuant to an agreement executed in February 2011, terminating on January 31, 2016. Drug and alcohol testing is necessary to ensure the safety of dependent children and client compliance with mandates. Often the testing is court ordered.
In October 2015, based on changes to industry standards, RTL changed the testing services provided through this agreement. At that time, the agreement was not updated to reflect those changes. In order for the drug testing services detailed in the agreement to be compliant with the actual testing performed, RTL has requested that term of this agreement begin October 1, 2015. This has no impact on cost and is being requested solely for auditing purposes.
This contract extends the termination date to June 30, 2017, with no change to compensation.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $25,000 per fiscal year
Amount Budgeted: $25,000 per fiscal year
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
There is no county cost associated with this contract.
STAFFING IMPACT (if applicable):
This agreement does not impact staffing.
..Recommended Action
RECOMMENDED ACTION:
We recommend that your Board approve this Redwood Toxicology Laboratory, Inc. Service Agreement, authorizing the Chair to sign.
7.13Adopt Resolution Amending the Resolution Establishing a Geothermal Impact Mitigation Fund for the Communities of Anderson Springs and Cobb Valley in Lake County.
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
BACKGROUND
In 2004, your Board created a Geothermal Impact Mitigation Fund and directed the establishment of committees to administer funds. In 2013, the membership was expanded for Cobb.
PROPOSAL
It is the desire of the Anderson Springs Committee to increase community participation in the committee. At its most recent meeting, the Committee by unanimous consensus, agreed to recommend that the Board of Supervisors expand the membership of the Anderson Springs Committee by adding another member at large.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted:N/A
Additional Requested:N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends to the Board of Supervisors that Exhibit "A" to Resolution 2013 be amended to expand the membership of the Anderson Springs Committee to allow for another community member at large, as provided for in Attachment #1 to the staff report dated 1/25/16 and approve the resolution.
Questions regarding this matter should be addressed to Mark Dellinger.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Mark Dellinger, Special Districts Administrator
DATE: January 25, 2016
SUBJECT: Adopt Resolution Amending the Resolution Establishing a Geothermal Impact Mitigation Fund for the Communities of Anderson Springs and Cobb Valley in Lake County
EXECUTIVE SUMMARY:
BACKGROUND
In 2004, your Board created a Geothermal Impact Mitigation Fund and directed the establishment of committees to administer funds. In 2013, the membership was expanded for Cobb.
PROPOSAL
It is the desire of the Anderson Springs Committee to increase community participation in the committee. At its most recent meeting, the Committee by unanimous consensus, agreed to recommend that the Board of Supervisors expand the membership of the Anderson Springs Committee by adding another member at large.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted:N/A
Additional Requested:N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): None
STAFFING IMPACT (if applicable): None
..Recommended Action
RECOMMENDED ACTION:
Staff recommends to the Board of Supervisors that Exhibit "A" to Resolution 2013 be amended to expand the membership of the Anderson Springs Committee to allow for another community member at large, as provided for in Attachment #1 to the staff report dated 1/25/16 and approve the resolution.
Questions regarding this matter should be addressed to Mark Dellinger.
7.14Approve First Amendment to Agreement between the County of Lake and Pace Engineering, for Engineering Services for CSA 21- North Lakeport Water Treatment Plant Upgrades, in the Amount of $33,000 and Authorize the Chair to sign.
Agreement
passed on consent
Staff memo
EXECUTIVE SUMMARY: In August 2015, your Board approved a contract with Pace Engineering for the design of improvements in the North Lakeport Water System. Once constructed, these improvements will allow the lifting of the state-imposed connection moratorium. One of the key features of the design is identifying the most appropriate pre-treatment technique at the water plant. It needs to be responsive to the lake chemistry conditions in order to be effective. Working with our treatment plant operators and the design engineer, we have identified a system known as suspended air flotation (SAF). However, there are no such systems currently operating on Clear Lake.
There is a new dissolved air flotation (DAF) system using Clear Lake water and another DAF system in final design, (CSA 20-Soda Bay). The raw water issue for both of these systems is primarily with blue green algae blooms during summer months. The DAF pre-treatment system has performed well for the removal of the blue green algae. At North Lakeport, the primary challenge is with highly turbid water coming from Rodman Slough from runoff during the winter.
It would be advantageous to pilot test this technology prior to investing significant funds in it. The Division of Drinking Water (DDW) agrees that this testing is a prudent measure and they will monitor the testing and results. It is important that this testing occur as soon as possible this winter to take advantage of the significant runoff creating high turbidity conditions in the lake. This will allow for testing of the SAF under "worst case" conditions.
The proposal from Pace Engineering is $33,000.00 and includes their staff time to monitor the testing, chemical analyses, report preparation and coordination with Special District's staff and the DDW. The testing unit itself is truck-mounted and will be set up at the North Lakeport Water Treatment Plant property.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $33,000.00
Amount Budgeted: $33,000.00
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): Funds are available in the existing budget for this expense (BU 8481, 63.04-Construction in Progress)
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board Approve First Amendment to Agreement between the County of Lake and Pace Engineering, for Engineering Services for CSA 21- North Lakeport Water Treatment Plant Upgrades, in the amount of $33,000 and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Mark Dellinger, Special Districts Administrator
Scott Harter, Special Districts Deputy Administrator
DATE: February 3, 2016
SUBJECT: Approve First Amendment to Agreement between the County of Lake and Pace Engineering, for Engineering Services for CSA 21- North Lakeport Water Treatment Plant Upgrades, in the amount of $33,000 and authorize the Chair to sign.
EXECUTIVE SUMMARY: In August 2015, your Board approved a contract with Pace Engineering for the design of improvements in the North Lakeport Water System. Once constructed, these improvements will allow the lifting of the state-imposed connection moratorium. One of the key features of the design is identifying the most appropriate pre-treatment technique at the water plant. It needs to be responsive to the lake chemistry conditions in order to be effective. Working with our treatment plant operators and the design engineer, we have identified a system known as suspended air flotation (SAF). However, there are no such systems currently operating on Clear Lake.
There is a new dissolved air flotation (DAF) system using Clear Lake water and another DAF system in final design, (CSA 20-Soda Bay). The raw water issue for both of these systems is primarily with blue green algae blooms during summer months. The DAF pre-treatment system has performed well for the removal of the blue green algae. At North Lakeport, the primary challenge is with highly turbid water coming from Rodman Slough from runoff during the winter.
It would be advantageous to pilot test this technology prior to investing significant funds in it. The Division of Drinking Water (DDW) agrees that this testing is a prudent measure and they will monitor the testing and results. It is important that this testing occur as soon as possible this winter to take advantage of the significant runoff creating high turbidity conditions in the lake. This will allow for testing of the SAF under "worst case" conditions.
The proposal from Pace Engineering is $33,000.00 and includes their staff time to monitor the testing, chemical analyses, report preparation and coordination with Special District's staff and the DDW. The testing unit itself is truck-mounted and will be set up at the North Lakeport Water Treatment Plant property.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $33,000.00
Amount Budgeted: $33,000.00
Additional Requested: N/A
Annual Cost (if planned for future years): N/A
FISCAL IMPACT (Narrative): Funds are available in the existing budget for this expense (BU 8481, 63.04-Construction in Progress)
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board Approve First Amendment to Agreement between the County of Lake and Pace Engineering, for Engineering Services for CSA 21- North Lakeport Water Treatment Plant Upgrades, in the amount of $33,000 and authorize the Chair to sign.
7.15Adopt Resolution Approving Agreement No.15-0262 with the State of California, Department of Food & Agriculture and Authorizing Execution of the Contract and Signature for FY15-16 Insect Trapping Activities (to receive $21,820 from the State).
Resolution
passed on consent
Staff memo
EXECUTIVE SUMMARY:
I would like to ask the Board to adopt the attached Resolution approving an agreement with the California Department of Food & Agriculture for the trapping and detection of certain exotic insects in Lake County from July 1, 2015 through June 30, 2016. The agreement amount is $21,820.00
Should the Board adopt the Resolution, please have the Chair sign and return two (2) copies of the Agreement, one (1) copy of the Contractors Certification Clauses (CCC-307), and one (1) copy of the Board Resolution to the Department of Agriculture for further processing. A signed, completed copy will be returned for your records.
SH/kh
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Steven Hajik, Agricultural Commissioner
DATE: February 16, 2016
SUBJECT: Statewide Exotic Pest Detection
EXECUTIVE SUMMARY:
I would like to ask the Board to adopt the attached Resolution approving an agreement with the California Department of Food & Agriculture for the trapping and detection of certain exotic insects in Lake County from July 1, 2015 through June 30, 2016. The agreement amount is $21,820.00
Should the Board adopt the Resolution, please have the Chair sign and return two (2) copies of the Agreement, one (1) copy of the Contractors Certification Clauses (CCC-307), and one (1) copy of the Board Resolution to the Department of Agriculture for further processing. A signed, completed copy will be returned for your records.
SH/kh
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
7.16Adopt Proclamation Designating the month of February 2016 as Grand Jury Awareness Month.
Proclamation
passed on consent
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, approved Consent Agenda Items 7.2 and 7.4 through 7.16. The motion carried by the following vote:
8. Timed Items
8.19:05 A.M. - Public Input
Clerk’s notes: Larry Anderson spoke.
8.29:10 A.M. - Presentation of Proclamation Designating the month of February 2016 as Grand Jury Awareness Month.
Proclamation
Clerk’s notes: Supervisor Steele read the proclamation into the record and presented it to Grand Jury Foreman James Baur. There were many Grand Jury members present.
8.39:11 A.M. - Acceptance of $3,000 Donation from the Lake Area Rotary Club Association (LARCA)
Action Item
Staff memo
EXECUTIVE SUMMARY:
The Lake County Sheriff's Office respectfully requests that the Lake County Board of Supervisors accept the generous donation of $3,000.00 from the Lake Area Rotary Club Association (LARCA) to purchase software from CodeRed that will pay for Lake County Office of Emergency Services to provide access to the Integrated Public Alert Warning System, or IPAWS. During an emergency alert and warning, officials need to provide the public with life-saving information quickly. IPAWS is a modernization and integration of the nation's alert and warning infrastructure and will save time when time matters most, protecting life and property. Federal, state, territorial, tribal and local alerting authorities can use IPAWS and integrate local systems that use Common Alerting Protocol standards with the IPAWS infrastructure. IPAWS provides public safety officials with an effective way to alert and warn the public about serious emergencies using the Emergency Alert System, Wireless Emergency Alerts, the National Oceanic and Atmospheric Administration Weather Radio, and other public alerting systems from a single interface. This service will complement the existing NIXLE and City Watch reverse 911 system used by the Sheriff's office and the Lake County Office of Emergency Services and will allow the agencies to quickly notify people in the event of an emergency.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
These funds will be deposited in the Office of Emergency Services budget 2704 and allocated to object code 17.00
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Office recommends the acceptance of $3,000 from LARCA for the purchase of software from CodeRed to integrate into the Department's Citywatch system.
Original memo text
..Title
..Body
MEMORANDUM
TO: Rob Brown, Chairman, Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner
DATE: February 2, 2016
SUBJECT: Acceptance of $3,000 Donation from the Lake Area Rotary Club Association (LARCA)
EXECUTIVE SUMMARY:
The Lake County Sheriff's Office respectfully requests that the Lake County Board of Supervisors accept the generous donation of $3,000.00 from the Lake Area Rotary Club Association (LARCA) to purchase software from CodeRed that will pay for Lake County Office of Emergency Services to provide access to the Integrated Public Alert Warning System, or IPAWS. During an emergency alert and warning, officials need to provide the public with life-saving information quickly. IPAWS is a modernization and integration of the nation's alert and warning infrastructure and will save time when time matters most, protecting life and property. Federal, state, territorial, tribal and local alerting authorities can use IPAWS and integrate local systems that use Common Alerting Protocol standards with the IPAWS infrastructure. IPAWS provides public safety officials with an effective way to alert and warn the public about serious emergencies using the Emergency Alert System, Wireless Emergency Alerts, the National Oceanic and Atmospheric Administration Weather Radio, and other public alerting systems from a single interface. This service will complement the existing NIXLE and City Watch reverse 911 system used by the Sheriff's office and the Lake County Office of Emergency Services and will allow the agencies to quickly notify people in the event of an emergency.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
These funds will be deposited in the Office of Emergency Services budget 2704 and allocated to object code 17.00
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Office recommends the acceptance of $3,000 from LARCA for the purchase of software from CodeRed to integrate into the Department's Citywatch system.
Clerk’s notes: Sheriff Brian Martin introduced Russ Cramer who presented Lake County OES with a $3,000 donation for the purchase of software to provide access to the Integrated Public Alert Warning System, or IPAWS.
8.49:12 A.M. - Acceptance of $10,000 Donation from State Farm Mutual Automobile Insurance Company for the Purchase of NOAA Weather Radio's.
Action Item
Staff memo
EXECUTIVE SUMMARY:
The Lake County Sheriff's Office respectfully requests that the Lake County Board of Supervisors accept the generous donation of $10,000.00 from the State Farm Mutual Automobile Insurance Company. These funds will be used by the Lake County Sheriff's Office, Office of Emergency Services to purchase NOAA Weather Radios for those residents that were affected by the Valley Fires. NOAA Weather Radio All Hazards (NWR) is a nationwide network of radio stations broadcasting continuous weather information directly from the nearest National Weather Service office. NWR broadcasts official Weather Service warnings, watches, forecasts and other hazard information 24 hours a day, 7 days a week.
Working with the Federal Communication Commission's (FCC) Emergency Alert System, NWR is an "All Hazards" radio network, making it your single source for comprehensive weather and emergency information. In conjunction with Federal, State, and Local Emergency Managers and other public officials, NWR also broadcasts warning and post-event information for all types of hazards - including natural (such as earthquakes or avalanches), environmental (such as chemical releases or oil spills), and public safety (such as AMBER alerts or 911 Telephone outages).
Known as the "Voice of NOAA's National Weather Service," NWR is provided as a public service by the National Oceanic and Atmospheric Administration (NOAA), part of the Department of Commerce. NWR includes 1025 transmitters, covering all 50 states, adjacent coastal waters, Puerto Rico, the U.S. Virgin Islands, and the U.S. Pacific Territories. NWR requires a special radio receiver or scanner capable of picking up the signal. Broadcasts are found in the VHF public service band at these seven frequencies (MHz):
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
These funds will be deposited into the Office of Emergency Services budget 2704 and allocated into object code 38.00.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Office recommends acceptance of $10,000 from State Farm Mutual Automobile Insurance Company for the purchase of NOAA weather radios for residents that were affected by the Valley Fires.
Original memo text
..Title
..Body
MEMORANDUM
TO: Rob Brown, Chairman, Board of Supervisors
FROM: Brian L. Martin, Sheriff/Coroner
DATE: February 2, 2016
SUBJECT: Acceptance of $10,000 donation from State Farm Mutual Automobile Insurance Company for the purchase of NOAA Weather radio's.
EXECUTIVE SUMMARY:
The Lake County Sheriff's Office respectfully requests that the Lake County Board of Supervisors accept the generous donation of $10,000.00 from the State Farm Mutual Automobile Insurance Company. These funds will be used by the Lake County Sheriff's Office, Office of Emergency Services to purchase NOAA Weather Radios for those residents that were affected by the Valley Fires. NOAA Weather Radio All Hazards (NWR) is a nationwide network of radio stations broadcasting continuous weather information directly from the nearest National Weather Service office. NWR broadcasts official Weather Service warnings, watches, forecasts and other hazard information 24 hours a day, 7 days a week.
Working with the Federal Communication Commission's (FCC) Emergency Alert System, NWR is an "All Hazards" radio network, making it your single source for comprehensive weather and emergency information. In conjunction with Federal, State, and Local Emergency Managers and other public officials, NWR also broadcasts warning and post-event information for all types of hazards - including natural (such as earthquakes or avalanches), environmental (such as chemical releases or oil spills), and public safety (such as AMBER alerts or 911 Telephone outages).
Known as the "Voice of NOAA's National Weather Service," NWR is provided as a public service by the National Oceanic and Atmospheric Administration (NOAA), part of the Department of Commerce. NWR includes 1025 transmitters, covering all 50 states, adjacent coastal waters, Puerto Rico, the U.S. Virgin Islands, and the U.S. Pacific Territories. NWR requires a special radio receiver or scanner capable of picking up the signal. Broadcasts are found in the VHF public service band at these seven frequencies (MHz):
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
These funds will be deposited into the Office of Emergency Services budget 2704 and allocated into object code 38.00.
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Office recommends acceptance of $10,000 from State Farm Mutual Automobile Insurance Company for the purchase of NOAA weather radios for residents that were affected by the Valley Fires.
Clerk’s notes: Sheriff Brian Martin introduced Nanette Dutcher, AAA Representative, who presented Lake County OES with a donation of $10,000 for the purchase of NOAA weather radios.
8.59:15 A.M. - Consideration of Continuing the Proclamation of a Local Health Emergency by the Lake County Health Officer.
Proclamation
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
The Valley Fire is 100% contained. While, removal of hazardous materials and remediation of burned properties is currently under way, it is still early in the process, such that only a portion of ash and other hazardous, or potentially hazardous materials has been removed. Further, although the threat of additional fire damage to structures in impacted areas is reduced, it is not absent. Families have re-entered burned areas that may pose both acute and chronic health risks as well as threats to the environment if timely and appropriate clean-up efforts are not supported.
Continuing the Proclamation of a Local health Emergency by the County Health Officer which was initiated on September 22, 2015, serves to enable assistance from state and federal agencies and provides for streamlined procedures, which are essential for the health and safety of the communities impacted by the Valley and other recent fires. Therefore, it is recommended that the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 be extended for an additional two-week period of time.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board Continue the Proclamation of a Local Health Emergency by the Lake County Health Officer.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Karen Tait, M.D., Health Officer
DATE: December 16, 2015
SUBJECT: Consideration of Extending the Proclamation of a Local Health Emergency for an Additional Two-Week Period of Time
EXECUTIVE SUMMARY:
The Valley Fire is 100% contained. While, removal of hazardous materials and remediation of burned properties is currently under way, it is still early in the process, such that only a portion of ash and other hazardous, or potentially hazardous materials has been removed. Further, although the threat of additional fire damage to structures in impacted areas is reduced, it is not absent. Families have re-entered burned areas that may pose both acute and chronic health risks as well as threats to the environment if timely and appropriate clean-up efforts are not supported.
Continuing the Proclamation of a Local health Emergency by the County Health Officer which was initiated on September 22, 2015, serves to enable assistance from state and federal agencies and provides for streamlined procedures, which are essential for the health and safety of the communities impacted by the Valley and other recent fires. Therefore, it is recommended that the Proclamation of a Local Health Emergency by the Lake County Health Officer as Amended on September 22, 2015 be extended for an additional two-week period of time.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board Continue the Proclamation of a Local Health Emergency by the Lake County Health Officer.
On motion of Supervisor Comstock, and by vote of the Board, Continued the Proclamation of a Local Health Emergency by the Lake County Health Officer. The motion carried by the following vote:
Clerk’s notes: Lake County Health Officer, Dr. Karen Tait presented the item to the Board.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
8.69:30 A.M. - PUBLIC HEARING - (Continued from December 15, 2015) - Consideration of request for General Plan Amendment (GPA 15-01) of one parcel from Low Density Residential to High Density Residential and a Rezone (RZ 15-02) from "PDR-SC" Planned Development Residential-Scenic Combining to "R3" Multi-family Residential; project applicant is Mark Tanti; located at 500 Whalen Way, Lakeport (APN 029-371-01)
Public Hearing
Motion carried
Carried 3-1 — moved by Smith
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: nay
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: nay
Staff memo
EXHIBITS: A. Planning Commission Staff Report dated October 8, 2015
B. Excerpt from Draft Planning Commission Minutes
C. Exhibit "A" Rezone Map
D. Exhibit "A" General Plan Map
E. Planning Commission Resolution 15-01
F. Initial Study 15-02
PROJECT DESCRIPTION
This project request is to amend the General Plan designation on a parcel from Low Density Residential to High Density Residential and to rezone it from "PDR-SC", Planned Development -Scenic Combining District; to "R3" Multi-Family Residential. The primary reason for this proposal is to possibly develop a multi-story apartment building for a maximum of forty-eight units. The owner intends to later apply for a minor use permit to facilitate the development proposal.
The Planning Commission reviewed this proposal on October 8, 2015. One of the considerations presented to the Planning Commission that did not exist when this application was submitted in February of 2015 is the tremendous loss of residences in the three wildland fires that have devastated a significant amount of Lake County this past summer. This has negatively affected the number of residential rental units available in not only Lake County, but also the surrounding counties of Mendocino, Napa and Sonoma, as displaced residents scramble to locate housing to replace their lost units, whether owned or rented. While this application is not an approval for the proposed construction of the apartment units, it would provide the applicant with the required land use designations to facilitate their construction. Further environmental review would be required to be done for the development proposal, as it has not been formally considered with this application, nor has the applicant submitted the required review materials for any development plan, other than a conceptual design. The Planning Commission voted five to zero to recommend adoption of a negative declaration and approval of the general plan amendment and rezone to the Board of Supervisors.
Two issues associated with this proposal could prove to be controversial in nature as outlined below:
The applicant has requested as part of his application that the "SC" Scenic Combining District be eliminated as part of the rezone request. The subject parcel is approximately two and one-half acres is size and roughly triangular is shape. Also, the property has three road frontages with State Highway 29 located along the western boundary, Whalen Way along the southern boundary and Lakeshore Blvd. along the easterly boundary (see site photographs below). The Scenic Combining Overlay District's purpose, as stated in the County of Lake's Zoning Ordinance is: " To protect and enhance views of scenic areas from the County's scenic highways and roadways for the benefit of local and resort development, the motoring public and the recreation based economy of the County." To further this purpose, properties encumbered with the "SC" overlay district have a decreased maximum allowed building height along with increased setbacks from property lines for any structures as opposed to properties not located within this particular overlay district. These restrictions substantially limit any future development of this property to primarily low density single family residential housing, which is consistent with the current land use designations. With the proposal to high density multi-family residential land use designations, the "SC" overlay district would be inconsistent with the proposed amended land use designation, hence the proposal to remove the overlay district.
Two views looking east and southeast from State Highway 29
At issue is the precedent this could be setting for other development proposals within Lake County. If this overlay district removal is granted it could be construed as a green light for other developers to also request the "SC" overlay district be removed on their properties, as it hinders their proposed development. As stated above, the purpose of the "SC" overlay district is to preserve views of scenic areas in Lake County. This application's location is along State Highway 29, which is elevated approximately fifteen feet above the subject property. As conceptually proposed, a two story apartment building would intrude into any scenic views from the highway if allowed to construct to a higher elevation than allowed by the "SC" overlay district and also would possibly be constructed closer to Highway 29 if the "SC" overlay district is removed by the elimination of the increased setbacks from roadways. While the Scenic Combining overlay district could be deemed to have more importance for viewshed protections along highway sections fronting Clear Lake, the importance of scenic views in all areas of Lake County should be taken into consideration as well.
View looking southwest from Lakeshore Blvd. View looking north from Whalen Way
The second issue affecting this entitlement application is the proposed General Plan Amendment and Rezone could be construed as being labeled a spot zone. The definition of spot zoning is "...the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is usually at odds with...current zoning restrictions." Surrounding General Plan and; Zoning designations consisting of; General Plan: Low Density Residential, Rural Residential, Resource Conservation and Rural Lands and Zoning: 'RR", Rural Residential; "SR", Suburban Reserve; "RL", Rural Lands and "R1", Single Family Residential. There is a townhouse development of attached residences (Lakeside Heights) located approximately one-half mile to the south along with a higher density mobile home park (Sterling Shores) approximately two-thirds of a mile east of the project parcel. While these existing developments fall far short of the density the applicant is proposing for possible future development, which would equal nineteen units per acre. The Planning Commission determined that the applicant's future proposal to develop apartments on the subject parcel would not be a spot zoning since all adjacent uses and zoning is residential.
..Recommended Action
RECOMMENDATION
The Planning Commission recommends that the Board of Supervisors take the following actions:
A. Adopt a negative declaration for GPAP 15-01 and RZ 15-02 with the following findings:
1. This rezoning is consistent with the Lake County General Plan and the Lakeport Area Plan.
2. The uses permitted in the "R3" district are compatible with the surrounding land uses.
3 This project will not result in the need for increased public services.
4. This rezoning will not result in any significant adverse environmental impacts and a negative declaration has been recommended.
B. Approve GPAP 15-01 for the following reasons:
1. This amendment is consistent with the Lake County General Plan and the Lakeport Area Plan.
2. The uses allowed in the High Density General Plan designations are compatible with existing land uses in the vicinity.
3. This project will not result in any significant adverse environmental impacts, and a negative declaration has been recommended.
C. Approve RZ 15-02 for the following reasons:
1. This rezoning is consistent with the Lake County General Plan and the Lakeport Area Plan.
2. The uses allowed in the "R3" district are compatible with existing land uses in the vicinity.
3. This project will not result in any significant adverse environmental impact, and a negative declaration has been recommended.
Sample Motions:
A. Proposed Negative Declaration
I move that the Board of Supervisors find that on the basis of the Initial Study No. 15-02 prepared by the Planning Division that the General Plan Amendment and Rezone as applied for by Mark Tanti will not have a significant effect on the environment and, therefore, a negative declaration shall be adopted with the findings set forth in the Board Memorandum dated November 16, 2015.
B. General Plan Amendment Approval
I offer the resolution.
C. Rezone Approval
I move that the reading of the ordinance be waived and be read in title only.
I offer the ordinance.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Richard Coel, Community Development Director
Prepared by: Keith Gronendyke, Associate Planner
DATE: November 16, 2015
SUBJECT: Tanti General Plan Amendment and Rezone;
GPAP 15-01, RZ 15-02, IS 15-02
Supervisorial District 4
EXHIBITS: A. Planning Commission Staff Report dated October 8, 2015
B. Excerpt from Draft Planning Commission Minutes
C. Exhibit "A" Rezone Map
D. Exhibit "A" General Plan Map
E. Planning Commission Resolution 15-01
F. Initial Study 15-02
PROJECT DESCRIPTION
This project request is to amend the General Plan designation on a parcel from Low Density Residential to High Density Residential and to rezone it from "PDR-SC", Planned Development -Scenic Combining District; to "R3" Multi-Family Residential. The primary reason for this proposal is to possibly develop a multi-story apartment building for a maximum of forty-eight units. The owner intends to later apply for a minor use permit to facilitate the development proposal.
The Planning Commission reviewed this proposal on October 8, 2015. One of the considerations presented to the Planning Commission that did not exist when this application was submitted in February of 2015 is the tremendous loss of residences in the three wildland fires that have devastated a significant amount of Lake County this past summer. This has negatively affected the number of residential rental units available in not only Lake County, but also the surrounding counties of Mendocino, Napa and Sonoma, as displaced residents scramble to locate housing to replace their lost units, whether owned or rented. While this application is not an approval for the proposed construction of the apartment units, it would provide the applicant with the required land use designations to facilitate their construction. Further environmental review would be required to be done for the development proposal, as it has not been formally considered with this application, nor has the applicant submitted the required review materials for any development plan, other than a conceptual design. The Planning Commission voted five to zero to recommend adoption of a negative declaration and approval of the general plan amendment and rezone to the Board of Supervisors.
Two issues associated with this proposal could prove to be controversial in nature as outlined below:
The applicant has requested as part of his application that the "SC" Scenic Combining District be eliminated as part of the rezone request. The subject parcel is approximately two and one-half acres is size and roughly triangular is shape. Also, the property has three road frontages with State Highway 29 located along the western boundary, Whalen Way along the southern boundary and Lakeshore Blvd. along the easterly boundary (see site photographs below). The Scenic Combining Overlay District's purpose, as stated in the County of Lake's Zoning Ordinance is: " To protect and enhance views of scenic areas from the County's scenic highways and roadways for the benefit of local and resort development, the motoring public and the recreation based economy of the County." To further this purpose, properties encumbered with the "SC" overlay district have a decreased maximum allowed building height along with increased setbacks from property lines for any structures as opposed to properties not located within this particular overlay district. These restrictions substantially limit any future development of this property to primarily low density single family residential housing, which is consistent with the current land use designations. With the proposal to high density multi-family residential land use designations, the "SC" overlay district would be inconsistent with the proposed amended land use designation, hence the proposal to remove the overlay district.
Two views looking east and southeast from State Highway 29
At issue is the precedent this could be setting for other development proposals within Lake County. If this overlay district removal is granted it could be construed as a green light for other developers to also request the "SC" overlay district be removed on their properties, as it hinders their proposed development. As stated above, the purpose of the "SC" overlay district is to preserve views of scenic areas in Lake County. This application's location is along State Highway 29, which is elevated approximately fifteen feet above the subject property. As conceptually proposed, a two story apartment building would intrude into any scenic views from the highway if allowed to construct to a higher elevation than allowed by the "SC" overlay district and also would possibly be constructed closer to Highway 29 if the "SC" overlay district is removed by the elimination of the increased setbacks from roadways. While the Scenic Combining overlay district could be deemed to have more importance for viewshed protections along highway sections fronting Clear Lake, the importance of scenic views in all areas of Lake County should be taken into consideration as well.
View looking southwest from Lakeshore Blvd. View looking north from Whalen Way
The second issue affecting this entitlement application is the proposed General Plan Amendment and Rezone could be construed as being labeled a spot zone. The definition of spot zoning is "...the application of zoning to a specific parcel or parcels of land within a larger zoned area when the rezoning is usually at odds with...current zoning restrictions." Surrounding General Plan and; Zoning designations consisting of; General Plan: Low Density Residential, Rural Residential, Resource Conservation and Rural Lands and Zoning: 'RR", Rural Residential; "SR", Suburban Reserve; "RL", Rural Lands and "R1", Single Family Residential. There is a townhouse development of attached residences (Lakeside Heights) located approximately one-half mile to the south along with a higher density mobile home park (Sterling Shores) approximately two-thirds of a mile east of the project parcel. While these existing developments fall far short of the density the applicant is proposing for possible future development, which would equal nineteen units per acre. The Planning Commission determined that the applicant's future proposal to develop apartments on the subject parcel would not be a spot zoning since all adjacent uses and zoning is residential.
..Recommended Action
RECOMMENDATION
The Planning Commission recommends that the Board of Supervisors take the following actions:
A. Adopt a negative declaration for GPAP 15-01 and RZ 15-02 with the following findings:
1. This rezoning is consistent with the Lake County General Plan and the Lakeport Area Plan.
2. The uses permitted in the "R3" district are compatible with the surrounding land uses.
3 This project will not result in the need for increased public services.
4. This rezoning will not result in any significant adverse environmental impacts and a negative declaration has been recommended.
B. Approve GPAP 15-01 for the following reasons:
1. This amendment is consistent with the Lake County General Plan and the Lakeport Area Plan.
2. The uses allowed in the High Density General Plan designations are compatible with existing land uses in the vicinity.
3. This project will not result in any significant adverse environmental impacts, and a negative declaration has been recommended.
C. Approve RZ 15-02 for the following reasons:
1. This rezoning is consistent with the Lake County General Plan and the Lakeport Area Plan.
2. The uses allowed in the "R3" district are compatible with existing land uses in the vicinity.
3. This project will not result in any significant adverse environmental impact, and a negative declaration has been recommended.
Sample Motions:
A. Proposed Negative Declaration
I move that the Board of Supervisors find that on the basis of the Initial Study No. 15-02 prepared by the Planning Division that the General Plan Amendment and Rezone as applied for by Mark Tanti will not have a significant effect on the environment and, therefore, a negative declaration shall be adopted with the findings set forth in the Board Memorandum dated November 16, 2015.
B. General Plan Amendment Approval
I offer the resolution.
C. Rezone Approval
I move that the reading of the ordinance be waived and be read in title only.
I offer the ordinance.
On motion of Supervisor Smith, and by vote of the Board, adopted a negative declaration with the findings set forth in the November 26, 2015 memorandum. The motion carried by the following vote:
Ayes: Supervisor Comstock, Smith, Brown
No: Supervisor Steele
Absent: Supervisor Farrington
Supervisor Smith offered the Resolution and it was passed by roll call vote:
Ayes: Supervisor Comstock, Smith, Brown
No: Supervisor Steele
Absent: Supervisor Farrington
On motion of Supervisor Smith, and by vote of the Board, waived the reading of the Ordinance, to be read in title only (Clerk did so).
Supervisor Smith offered the Ordinance and it was called by roll call vote:
Ayes: Supervisor Comstock, Smith, Brown
No: Supervisor Steele
Absent: Supervisor Farrington
Clerk’s notes: Principal Planner Audrey Knight presented the item to the Board.
Chair Brown opened the public hearing and the following people spoke: James Andrews (on behalf of Mark Tanti), Victoria Brandon, Roberta Lyons and Jillian Perleau. No one else wished to speak and the public hearing was closed.
8.710:00 A.M. - (a) Written Report and Presentation by Lake County Chamber of Commerce; and (b) Consideration of Proposed Agreement with the Lake County Chamber of Commerce to Provide Visitor Information Services and to Promote and Support the Growth and Vitality of Local Businesses, in the Amount of $75,000 and Authorize the Chair to sign.
Agreement
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
(a) Written report and presentation by Lake County Chamber of Commerce:
Attached is the written report of the Lake County Chamber of Commerce's activities, as required by Exhibit A of the FY 14/15 agreement between the Chamber and the County. It was provided by Melissa Fulton.
(b) Consideration of Agreement:
Staff has negotiated a proposed agreement with the Lake County Chamber of Commerce to provide visitor information services and to promote and support the growth and vitality of local businesses here in Lake County to complement the destination marketing initiatives of the Lake County Marketing Program (LCMP)
The proposed agreement is an 18-month agreement from July 1, 2015 until December 31, 2016. This change was made for a variety of reasons:
1. The FY 2015-2016 agreement negotiations were halted due to the Rocky, Jerusalem and Valley Fires. Given the late date of the current negotiations, it would be redundant to start negotiating the FY 2016-2017 agreement within the next few months.
2. The fiscal year agreement with the Chamber expires during the busiest time of the year in the Administrative Office - when the upcoming fiscal year budget is being prepared. By creating a calendar year agreement, there will be less of a rush to negotiate a new agreement, and more time to create a strong agreement that accurately reflects the needs of the County and the Chamber.
This agreement reflects the same level of Chamber services and support (i.e. $75,000 for 18 months.)
The proposed agreement includes a continuation of services provided by the Chamber in the past, including operating the Lakeport Visitor Information Center; supporting the County's Invasive Species Prevention Program; providing lead direction for the completion of the 2016 Destinations Magazine; representing Lake County at three (3) sports and/or travel-related shows; collaborating with the County and other local organizations for promoting vitality and growth for local businesses in Lake County; and providing technical assistance and other support to business associations in the unincorporated communities throughout the County.
The proposed agreement also includes new services which will provide tremendous help and support to the Lake County destination marketing program. These include providing a membership to the Lake County Marketing Program; implementing and promoting strategies to help local businesses become more visible online via updated websites and social media channels; actively promoting the official visitor information website, www.LakeCounty.com; working together with the LCMP to create a method for gathering visitor statistics; and providing strong support for the County's Certified Tourism Ambassador(tm) program.
With limited marketing resources, it is imperative that organizations in Lake County work together to provide the same, consistent message, and support the marketability of Lake County as a destination. As the LCMP focuses on marketing Lake County as a vacation destination to potential visitors outside of Lake County, the Lake County Chamber of Commerce can help the local businesses in Lake County become stronger, thus ensuring a positive visitor experience. The leadership provided by the Chamber's Board of Directors and Chief Executive Officer is essential to successfully leveraging scarce financial resources, and providing consistency.
As included in recently approved agreements, the proposed agreement continues to prohibit the Chamber from using any County-provided funds to engage in political activity involving support or opposition of any candidate for elective office.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the proposed agreement with the Lake County Chamber of Commerce in the amount of $75,000 for 18 months, and the aforementioned services, and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jill Ruzicka, Deputy County Administrative Officer
DATE: February 3, 2016
SUBJECT: (a) Written Report and Presentation of Lake County Chamber of Commerce; and (b) Consideration of Proposed Agreement with the Lake County Chamber of Commerce to Provide Visitor Information for the Lake Marketing Program, in the amount of $75,000 and authorization for the Chair to sign.
EXECUTIVE SUMMARY:
(a) Written report and presentation by Lake County Chamber of Commerce:
Attached is the written report of the Lake County Chamber of Commerce's activities, as required by Exhibit A of the FY 14/15 agreement between the Chamber and the County. It was provided by Melissa Fulton.
(b) Consideration of Agreement:
Staff has negotiated a proposed agreement with the Lake County Chamber of Commerce to provide visitor information services and to promote and support the growth and vitality of local businesses here in Lake County to complement the destination marketing initiatives of the Lake County Marketing Program (LCMP)
The proposed agreement is an 18-month agreement from July 1, 2015 until December 31, 2016. This change was made for a variety of reasons:
1. The FY 2015-2016 agreement negotiations were halted due to the Rocky, Jerusalem and Valley Fires. Given the late date of the current negotiations, it would be redundant to start negotiating the FY 2016-2017 agreement within the next few months.
2. The fiscal year agreement with the Chamber expires during the busiest time of the year in the Administrative Office - when the upcoming fiscal year budget is being prepared. By creating a calendar year agreement, there will be less of a rush to negotiate a new agreement, and more time to create a strong agreement that accurately reflects the needs of the County and the Chamber.
This agreement reflects the same level of Chamber services and support (i.e. $75,000 for 18 months.)
The proposed agreement includes a continuation of services provided by the Chamber in the past, including operating the Lakeport Visitor Information Center; supporting the County's Invasive Species Prevention Program; providing lead direction for the completion of the 2016 Destinations Magazine; representing Lake County at three (3) sports and/or travel-related shows; collaborating with the County and other local organizations for promoting vitality and growth for local businesses in Lake County; and providing technical assistance and other support to business associations in the unincorporated communities throughout the County.
The proposed agreement also includes new services which will provide tremendous help and support to the Lake County destination marketing program. These include providing a membership to the Lake County Marketing Program; implementing and promoting strategies to help local businesses become more visible online via updated websites and social media channels; actively promoting the official visitor information website, www.LakeCounty.com; working together with the LCMP to create a method for gathering visitor statistics; and providing strong support for the County's Certified Tourism Ambassador(tm) program.
With limited marketing resources, it is imperative that organizations in Lake County work together to provide the same, consistent message, and support the marketability of Lake County as a destination. As the LCMP focuses on marketing Lake County as a vacation destination to potential visitors outside of Lake County, the Lake County Chamber of Commerce can help the local businesses in Lake County become stronger, thus ensuring a positive visitor experience. The leadership provided by the Chamber's Board of Directors and Chief Executive Officer is essential to successfully leveraging scarce financial resources, and providing consistency.
As included in recently approved agreements, the proposed agreement continues to prohibit the Chamber from using any County-provided funds to engage in political activity involving support or opposition of any candidate for elective office.
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve the proposed agreement with the Lake County Chamber of Commerce in the amount of $75,000 for 18 months, and the aforementioned services, and authorize the Chair to sign.
On motion of Supervisor Smith, and by vote of the Board, approved the Agreement between the County of Lake and the Lake County Chamber of Commerce, in the amount of $75,000 and authorized the Chair to sign. The motion carried by the following vote:
Clerk’s notes: Lake County Chamber of Commerce CEO Melissa Fulton gave a presented to the Board.
Deputy County Administrative Officer Jill Ruzicka provided the staff report.
Chair Brown asked if anyone present wished to speak and Joan Moss spoke. No one else wished to speak and the public input portion of this item was closed.
9. Non-Timed Items
9.1Supervisors’ weekly calendar, travel and reports
9.2Recovery Update from Staff, Assisting Agencies and/or Community Groups, Consequent to 2015 Wildland Fires
Report
Clerk’s notes: Disaster Recovery Coordinator Carol Huchingson reported on the success of the February 2nd Summit, as well as provided an update on the mobile laundry.
There will be a yard sale Saturday, February 20th at the WorkRight building with profits going to fire survivors. FEMA will have 15 Manufactured Home units available within two weeks. Ms.Huchingson also announced the TeleSurvey would resume today and the public is encouraged to participate either online at lakecountyrecovers.com or by phone. The next Task Force meeting will be held March 1st and once a month thereafter with updates at the Board of Supervisors meetings twice a month.
9.3Consideration of Letter of Support for AB 1559 (Dodd) to Extend the Period for Individuals and Businesses to Defer Payment to Board of Equalization from One Month to Three Months.
Letter
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
When recovering from a disaster, current law allows the Board of Equalization to grant individuals and businesses a one month deferral from paying taxes and fees. Assemblyman Bill Dodd has introduced AB 1559 which extends this period to three months. Senator Mike McGuire co-authored this bill. We have been approached by staff of Assemblyman Dodd asking your Board to support Assembly Bill 1559. As the Board is aware, the Valley Fire affected approximately 60 businesses in the Cobb Mountain, Middletown and Hidden Valley Lake communities. Harbin Hot Springs, the County's 10th largest employer was destroyed; Calpine, lost five of its 14 power plants at the Geysers; and three fourths of the County's ranchers had range land and outbuildings destroyed by the fire.
Temporary relief from paying taxes and fees helps those individuals and businesses focus their limited resources where they are needed most - to restore their livelihood.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve and authorize the Chair to sign the letter supporting AB 1559.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: February 4, 2016
SUBJECT: Consideration of Letter of Support for AB 1559 (Dodd) to Extend the Period for Individuals and Businesses to Defer Payment to Board of Equalization from One Month to Three Months.
EXECUTIVE SUMMARY:
When recovering from a disaster, current law allows the Board of Equalization to grant individuals and businesses a one month deferral from paying taxes and fees. Assemblyman Bill Dodd has introduced AB 1559 which extends this period to three months. Senator Mike McGuire co-authored this bill. We have been approached by staff of Assemblyman Dodd asking your Board to support Assembly Bill 1559. As the Board is aware, the Valley Fire affected approximately 60 businesses in the Cobb Mountain, Middletown and Hidden Valley Lake communities. Harbin Hot Springs, the County's 10th largest employer was destroyed; Calpine, lost five of its 14 power plants at the Geysers; and three fourths of the County's ranchers had range land and outbuildings destroyed by the fire.
Temporary relief from paying taxes and fees helps those individuals and businesses focus their limited resources where they are needed most - to restore their livelihood.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board approve and authorize the Chair to sign the letter supporting AB 1559.
On motion of Supervisor Smith, and by vote of the Board, approved the letter. The motion carried by the following vote:
Clerk’s notes: Chair Brown presented the item and asked if anyone present wished to speak. No one spoke and the public input portion of this item was closed.
9.4(a) Consideration of Waiving Consultant Selection Process; and (b) Consideration of Agreement with Community Development Services to Provide General Economic Development Services
Agreement
Motion carried · 2 motions
Carried 4-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Carried 4-0 — moved by Comstock
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
Community Development Services (CDS) has been providing economic development consulting services Lake County for about 30 years. Jeff Lucas, principle of CDS, has extensive experience in economic development especially in identifying funding sources for infrastructure projects, grant writing and business loans. Over the years, the County has had several contracts with CDS and up until about 2005 we had a contract to provide a broad range of economic development services. That arrangement was discontinued in about 2005 when we had a full-time Deputy County Administrative Officer in charge of economic development. The need to have a broad range of economic development services is even more vital now to help the County recover from the wildland fires of 2015.
Consequently, I recommend that the County resume contracting with CDS for a broad range of economic development services. One of the tasks that CDS will perform will be to submit a grant application to the federal Economic Development Administration (EDA) to provide significant funding for economic development in Lake County. The County's cost for the contract with CDS maybe used as a match towards the EDA grant application.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $40,000 over 19 months
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board waive consultant selection process and approve the agreement with Community Development Services to provide general economic development services.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: February 4, 2016
SUBJECT: (a) Consideration of Waiving Consultant Selection Process; and (b) Consideration of Agreement with Community Development Services to Provide General Economic Development Services
EXECUTIVE SUMMARY:
Community Development Services (CDS) has been providing economic development consulting services Lake County for about 30 years. Jeff Lucas, principle of CDS, has extensive experience in economic development especially in identifying funding sources for infrastructure projects, grant writing and business loans. Over the years, the County has had several contracts with CDS and up until about 2005 we had a contract to provide a broad range of economic development services. That arrangement was discontinued in about 2005 when we had a full-time Deputy County Administrative Officer in charge of economic development. The need to have a broad range of economic development services is even more vital now to help the County recover from the wildland fires of 2015.
Consequently, I recommend that the County resume contracting with CDS for a broad range of economic development services. One of the tasks that CDS will perform will be to submit a grant application to the federal Economic Development Administration (EDA) to provide significant funding for economic development in Lake County. The County's cost for the contract with CDS maybe used as a match towards the EDA grant application.
FISCAL IMPACT: __ None _X_Budgeted __Non-Budgeted
Estimated Cost: $40,000 over 19 months
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board waive consultant selection process and approve the agreement with Community Development Services to provide general economic development services.
On motion of Supervisor Comstock, and by vote of the Board, waived the Consultant Selection Process. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele and Brown
Absent: Supervisor Farrington
On motion of Supervisor Comstock, and by vote of the Board, approved the Agreement with Community Development Services in the amount of $40,000 and authorized the Chair to sign. The motion carried by the following vote:
Ayes: Supervisors Comstock, Smith, Steele and Brown
Absent: Supervisor Farrington
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board.
Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.5(a) Presentation of Mid-Year Budget Review; (b) Consideration of Resolution Amending Resolution No. 2015-119 to Amend the FY 2015-16 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations and Cancelling General Reserves; (c) Consideration of Resolution Establishing New Classifications and Amending Resolution No. 2015-120 to Amend the Position Allocation for FY 2015-16 for Selected Budget Units to Conform to the Mid-Year Budget Adjustments and d) Consideration of Combining the Department of Public Services and Department of Public Works and Separation of the Department of Water Resources and Department of Public Works.
Resolution
Staff memo
EXECUTIVE SUMMARY:
At staff's request, departments have reviewed revenues and expenditures through December 2015 and submitted requested budget adjustments.
The mid-year budget resolution makes necessary adjustments to selected budget units to continue to funding County operations through the remainder of the fiscal year. The attached narrative report provides an overview and summary of the significant issues in the County's FY 2015-16 Budget at the mid-year point, as well as describing the details of the requested budget adjustments.
Needless to say, this has been a particularly challenging mid-year budget report to prepare due to the costs already incurred and expected to be incurred in the near future due to Valley Fire. However, County department heads and their fiscal staff continue to monitor expenditures closely and provide the necessary information for your Board to make budget decisions. I appreciate the assistance of the department heads and their staff in preparing this report and presenting the recommendations herein for your Board's consideration.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the following attached resolutions:
1. Resolution Amending Resolution No. 2015-119 to Amend the FY 2015-16 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations and Cancelling General Reserves
2. Resolution Establishing New Classifications and Amending Resolution No. 2015-120 to Amend the Position Allocation for FY 2015-16 for Selected Budget Units to Conform to the Mid -year Budget Adjustments
Attachments
cc: All Department Heads
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: February 4, 2016
SUBJECT: a) Mid -Year Budget Review; b) Consideration of Resolution Amending Resolution No. 2015-119 to Amend the FY 2015-16 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations and Cancelling General Reserves; c) Consideration of Resolution Establishing New Classifications and Amending Resolution No. 2015-120 to Amend the Position Allocation for FY 2015-16 for Selected Budget Units to Conform to the Mid -year Budget Adjustments and d) Consideration of Combining the Department of Public Services and Department of Public Works and Separation of the Department of Water Resources and Department of Public Works.
EXECUTIVE SUMMARY:
At staff's request, departments have reviewed revenues and expenditures through December 2015 and submitted requested budget adjustments.
The mid-year budget resolution makes necessary adjustments to selected budget units to continue to funding County operations through the remainder of the fiscal year. The attached narrative report provides an overview and summary of the significant issues in the County's FY 2015-16 Budget at the mid-year point, as well as describing the details of the requested budget adjustments.
Needless to say, this has been a particularly challenging mid-year budget report to prepare due to the costs already incurred and expected to be incurred in the near future due to Valley Fire. However, County department heads and their fiscal staff continue to monitor expenditures closely and provide the necessary information for your Board to make budget decisions. I appreciate the assistance of the department heads and their staff in preparing this report and presenting the recommendations herein for your Board's consideration.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Staff recommends your Board adopt the following attached resolutions:
1. Resolution Amending Resolution No. 2015-119 to Amend the FY 2015-16 Adopted Budget by Adjusting Reserves, Fund Balance Carry Over, Revenues, and Appropriations and Cancelling General Reserves
2. Resolution Establishing New Classifications and Amending Resolution No. 2015-120 to Amend the Position Allocation for FY 2015-16 for Selected Budget Units to Conform to the Mid -year Budget Adjustments
Attachments
cc: All Department Heads
(b) Supervisor Steele Steele offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Comstock, Smith, Steele and Brown
Absent: Supervisor Farrington
(c) Supervisor Comstock offered the Resolution and it was passed by roll call vote:
Ayes: Supervisors Comstock, Smith, Steele and Brown
Absent: Supervisor Farrington
(d) There was Board consensus to continue this item to March 1st and staff was directed to have fiscal impacts of all options available at that time.
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board. There was discussion of position allocations in various departments, including allocations for possible separation of Water Resources and Public Works Departments. There was a revision to the mid-year budget resolution attachment and the Board was provided hardcopies. Funds will be transferred to an Economic Stabilization Reserve in order to cover property tax losses.
Interim Chief Deputy County Adminustrative Officer Jeff Rein and Deputy County Administrative Officer Josh Jones presented to the Board an overview of their assigned budget units. Interim Public Services Director, Kim Clymire and Special Districts Administrator Mark Dellinger also spoke.
There was ample discussion surrounding the options of combining and/or seperating Public Works, Water Resources and Public Services. Staff would like to take time to evaluate fiscal impacts of all options. There was also discussion to move forward with Lars Ewing as Interim Public Services Director and keep the departments separate for now.
9.6Consideration of the following appointments:
Fish and Wildlife Advisory Committee
Action Item
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
Fish and Wildlife Advisory Committee - Eight (8) vacancies - Fish and Wildlife Conservation, Land Conservation, Education, Agriculture, Recreation, District 1 Representative, District 2 Representative, and District 4 Representative
Applications received: Randall Williams - incumbent, Fish and Wildlife Conservation
Greg Giusti - incumbent, Education
Bobby Dutcher - incumbent, Agriculture
Terry Knight - incumbent, Recreation
Roland LeDoux - incumbent - District 1 Representative
Richard Hinchcliff - incumbent, District 4 Representative
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Sara Shucart, Administrative Assistant
DATE: February 3, 2016
SUBJECT: Consideration of Advisory Board appointments
EXECUTIVE SUMMARY:
Fish and Wildlife Advisory Committee - Eight (8) vacancies - Fish and Wildlife Conservation, Land Conservation, Education, Agriculture, Recreation, District 1 Representative, District 2 Representative, and District 4 Representative
Applications received: Randall Williams - incumbent, Fish and Wildlife Conservation
Greg Giusti - incumbent, Education
Bobby Dutcher - incumbent, Agriculture
Terry Knight - incumbent, Recreation
Roland LeDoux - incumbent - District 1 Representative
Richard Hinchcliff - incumbent, District 4 Representative
FISCAL IMPACT (Narrative):
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
On motion of Supervisor Comstock, and by vote of the Board, appointed the following people to the Fish and Wildlife Advisory Committee: Randall Williams - incumbent, Fish and Wildlife Conservation, Greg Giusti - incumbent, Education, Bobby Dutcher - incumbent, Agriculture, Terry Knight - incumbent, Recreation, Roland LeDoux - incumbent - District 1 Representative, Richard Hinchcliff - incumbent, District 4 Representative. The motion carried by the following vote:
Clerk’s notes: Chair Brown asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
9.7(Continued from February 2, 2016, January 19, 2016 and December 1, 2015) - Consideration of (a) Pole Attachment Agreement between the County of Lake and Pacific Bell Telephone Company; (b) Amendment to Tower and Ground Space License Agreement between U.S. Cellular Corporation, New Cingular Wireless PCS, LLC, and the County of Lake; and (c) Agreement with Streamline Engineering for Project Testing and Inspection Services in an amount not to exceed $10,000.
Agreement
Staff memo
EXECUTIVE SUMMARY:
Four years ago AT&T (aka: New Cingular Wireless PCS, LLC) approached the County about upgrading the electric utility service that provides power to the communications site on Buckingham Peak via an overhead power line which begins at the Riviera West Subdivision and extends the top of Buckingham Peak. That communications site consists of a County-owned tower (and equipment building) and an AT&T-owned tower (and equipment buildings) which reside on property leased from the County.
The current electric utility service has only enough capacity to support the County's tower and equipment building. As a result, AT&T and its tenant, US Cellular (of which the County receives 50% of the US Cellular's rent), utilize propane generators that run 24 hours a day to support their operations. The long-term financial cost of continuously running generators as well as the resulting impact to air quality provided AT&T and US Cellular with incentive to invest in such an upgrade. An upgrade would also be in the County's best interest because 1) the existing utility poles are 40� years old and in a severely declining state, 2) the restricted power capacity limits the County's ability to support additional tenants, and 3), the new power lines and the type of power utilized (3-phase vs single phase) will provide for more efficient delivery of power, 4) it would secure the long-term tenancy of AT&T and US Cellular from which we currently receive $51,000 per year.
In the initial approach to this project, AT&T evaluated undergrounding of the utility service. They invested considerable resources in that assessment including engineered plans, environmental studies, geotechnical reports, easement acquisition and permitting. Nonetheless, AT&T abandoned the project after soliciting bids for the undergrounding work which came in at an unexpectedly high cost of 2.1 million dollars. At that point AT&T notified County staff that it was no longer willing to invest staff time in the project. Consequently, County staff picked up the ball and pursued an approach that provides for replacement of the power poles and overhead utility lines. AT&T verbally committed to funding this approach if the cost was reasonable. Besides the incentives noted above, they are especially motivated to abide by their funding commitment because their ground-lease with the County expires May 31, 2016.
Since then, staff has coordinated the necessary components of the project including surveying, engineering, easement acquisition, permitting and cost-sharing agreements with AT&T and T-Mobile who will also benefit from the upgrade. Collectively, these parties will cover the entire cost of the project based on the project budget of $745,000.00. The project budget is outlined in the attachment entitled "BUCKINGHAM PEAK POWER UPGRADE PROJECT BUDGET."
Risk Factors:
The Utility Agreement establishes $745,000.00 as the total project costs, consisting of design costs ($138,261.00) and construction costs ($606,739.00). Under the terms of the Utility Agreement, the County is obligated to collect $100,000.00 from its licensee, T-Mobile Corporation, to pay for part of the total project cost, and the County shall be solely responsible to pay this $100,000.00 in the event it fails to collect said amount from T-Mobile Corporation. Also under the terms of the Utility Agreement, AT&T is responsible for any design and construction work related to the project under its contract with Pacific Gas & Electric in the amount of $85,000.00, and AT&T is responsible for payment of any amount in excess of this $85,000.00. In addition to this $85,000.00, AT&T is also responsible to pay for the remainder of the total project costs estimated at $560,000.00 after application of the aforementioned $100,000.00 payment amount.
In light of the foregoing, the County will be responsible for both the aforementioned $100,000.00 payment and any costs in excess of AT&T's responsibility of $560,000.00. In a project of this complexity, that does impose a risk upon the County. This risk mainly consists of the possibility that the total project costs would exceed $560,000.00 and the County might be responsible for subsequently paying significant cost overruns due to circumstances unforeseen or unanticipated by the pertinent contracting parties (e.g. the construction contractor).
In exchange for assuming this risk, AT&T agreed to cap the reimbursement they are to receive from the "utility buy-in" fee that will be collected from most future users of the upgraded utility service. AT&T's reimbursement from the utility buy-in will be capped at $245,000.00 and T-Mobile will not receive any reimbursement at all. Because a utility buy-in could be a disincentive to potential future tenants, staff believes it is extremely important to limit the application of that utility buy-in to future users.
Because the construction contracts are governed by the Contractor's Guaranteed Maximum Price, the aforementioned risk of construction cost overruns is partially mitigated. Nevertheless, the Guaranteed Maximum Price is subject to the exceptions found in all County construction contracts such as any County-initiated changes to the project and County-responsibility for certain subsurface conditions.
In this project, the most likely factor to result in a cost overrun is the finding of rock that complicates the digging of the holes for the utility poles. There will be 14 holes that are 2 feet in diameter and 6.5 feet in depth. To mitigate this risk to the County, the Contractor has agreed to accept cost responsibility for any complications he may encounter in digging these holes to a 6.5 feet depth. The risk of any other subsurface conditions impacting this project is further mitigated by the following factors:
1. These holes are being dug immediately adjacent to the existing utility poles and so the area in question has already been subject to prior excavation.
2. The following contractual language which is intended to reduce the County's risk of cost overruns by holding the contractor responsible for the accommodation of the Project Site conditions that were reasonably discoverable by him.
"3.6.3 Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access the owner has granted, Contractor is responsible for accommodating all Site conditions in the Final Plans and construction of the Project Work, regardless of when the Site condition is discovered, but shall not be responsible for any conditions of the off-Site Staging and Lay Down Areas, except to the extent that such conditions were disclosed by the drawings and other information provided by Owner to Contractor. Notwithstanding a failure by Contractor to perform its Site investigation due diligence consistent with the access Owner has granted under this Section, Contractor shall be responsible for successfully constructing the Project Work without adjustment of the Guaranteed Maximum Price."
3. The construction contract includes a 15% contingency fund.
Approval of Plans and Specifications (Subject No. 2)
The plans and specifications for construction of the Buckingham Peak Power Upgrade Project are complete and a copy has been filed with the Clerk of the Board and presented herewith for your approval.
Award of Energy Services Construction Contracts (Subjects No. 1, 3 & 4):
Because of the complexity of this project, staff's first step in developing these plans was to identify a contractor who was qualified to not only build the project but to assist in the design of such a unique project. For the most part, design-build projects are prohibited by statute. This project, however, qualifies for one of the exemptions by virtue of Government Code Section 4217.10 et seq. which allows us to both forego the normal bidding procedures and utilize a design-build approach when the project includes energy conservation measures, which this project clearly provides for the reasons stated above. To effectuate this exemption, the attached resolution must be approved at a noticed public hearing.
After making numerous inquiries, Northern California Power was consistently recommended as the "go-to" contractor for such a project. Since then, acting in the capacity of an unpaid consultant, Northern California Power has been instrumental in the development of the plans by virtue of their willingness to share their expertise and coordinate input from AT&T, PG&E and the design engineer who actually drafted the plans.
In light of the foregoing, staff recommends award of the attached construction contracts to Northern California Power Company. The estimated time for completing the construction phase is four weeks baring weather or other unexpected delays.
Acquisition of Easement and Right-of-Way (Subjects No. 5 & 6):
The existing utility line occupies a 10 foot corridor which begins at the edge of the Riviera West Subdivision and extends up the side of Mt. Konocti to Buckingham Peak. Because the new utility line will have to be constructed prior to deconstruction of the existing utility line, new boundaries for this corridor had to be defined which in turn necessitates acquisition of new right-of-ways and/or easements from the two property owners on which the corridor resides, (BLM and Harbor View Mutual Water Company). BLM does not provide permanent easement rights and instead issues temporary Right-of-Way Grants that have a maximum term of 30 years, the total cost of which is $12,004.43. Harbor View Mutual Water Company has agreed to sell a permanent easement to the County at the appraised cost of $2,400. Attached are documents required to effectuate these acquisitions.
Utility Agreement (Subject No. 7)
As stated above, AT&T and T-Mobile are willing to fund costs related to this project. T-Mobile's funding commitment was previously memorialized in an amendment to its Licensing Agreement. AT&T's commitment is memorialized in the attached Utility Funding Agreement.
Amendments to Ground Leases with Crown Castle and U.S. Cellular (Subject No. 8 & 11):
Although the original ground lease is with AT&T, Crown Castle, Inc., who is the largest holder of communications towers in the US, recently acquired the rights to approximately 9700 of AT&T's tower properties nationwide, including the ground lease on Buckingham Peak. As such, AT&T and US Cellular become tenants of Crown Castle. In light of the fact that the current ground lease expires on May 31, 2016, it is in the interest of both Crown and its tenants that their continued occupancy of the site is assured. Consequently, in return for arranging AT&T's funding of this project, Crown Castle has asked for a 30 year extension of the ground leases with AT&T and US Cellular. The proposed ground lease amendment provides for extension of the Term as well as acceptance of AT&T's assignment of their interest in the ground lease to Crown Castle. Staff, including the County's Communications Site Manager, supports this new arrangement including the new Term since it is consistent with industry standards and will provide the County with a continuing source of revenue that is guaranteed to increase by at least 3% each year. The proposed ground lease amendment is attached for your consideration.
Pole Attachment Agreement with AT&T (Subject No. 9):
Although the cell carriers are funding the power upgrade project, the County retains ownership of the entire infrastructure including the utility poles. The Pacific Bell Division of AT&T desires to install fiber optic cable to the Buckingham Peak communications site which necessitates use of these utility poles and adjacent County-owned property. Having access to fiber optic on Buckingham Peak may prove to be beneficial to the County at some point in the future. Permission to utilize these County resources is granted by the attached Pole Attachment Agreement and Easement Grant.
Utility Payment Agreement with U.S. Cellular (Subject No. 10):
As previously stated, this new utility line will be solely owned by the County. As such, the utility bill will be the responsibility of the County. Nevertheless, the tenants that occupy the communications site will be responsible for payment based on the electric utility usage. Consequently, an Agreement that memorializes this arrangement with U.S. Cellular is needed. A similar arrangement with AT&T (New Cingular Wireless) is incorporated in the above referenced Utility Agreement (Subject No. 7).
Inspection and Testing Agreement with Streamline Engineering (Subject No. 12):
The purpose of this contract is to provide construction quality assurance with the primary purpose being to ensure that the construction work is completed in accordance with the Final Plans. This is the only expense that will not be reimbursed by the funding partners.
..Recommended Action
RECOMMENDED ACTION:
Although it has taken over four years and many hours of discussion and negotiation with the eight entities involved in this project, staff believes that the approach outlined herein achieves the most cost-effective and long-term solution to providing reliable and sufficient power to the Buckingham Peak Communications Site. Although, like any project, the construction phase of this project has a risk of a cost overrun, staff believes that it has mitigated that risk by transferring as much as possible to the Contractor, as discussed above (see also "Project Risk/Reward Profile" below). Consequently, staff recommends your Board's approval of the attached documents in order to effectuate commencement of the outlined approach.
Power Upgrade Project Risk/Reward Summary
PROJECT RISK/REWARD PROFILE
Reasons to Support of the Project:
1. The existing poles are at risk of collapsing.
2. Although use of Buckingham Peak is the most cost-effective alternative for AT&T in its delivery of cellular service to Lake County, it does have alternatives approaches as evidenced by Verizon's approach which utilizes multiple lower altitude sites in lieu of one higher altitude site.
3. The current power capacity is very limited and this project provides significantly more power which in turn provides opportunity to attract additional tenants.
4. It secures AT&T's tenancy and U.S. Cellular's license for the foreseeable future from which we currently receive $51,000 per year.
5. The power upgrade will provide an alternative to the continued use of propane powered generators. Not only will this have a positive impact on air quality but it will also eliminate the weekly trips that the propane company has to make to the top of the mountain which in turn reduces wear and tear to the road and improves safety of those otherwise using the road (e.g. hikers, bikers, and other vehicles). Consequently, this project qualifies as a conservation measure as defined in Government Code Section 4217 et al. because it reduces energy use and/or makes for a more efficient use of energy.
Reasons to be Concerned about the Project:
1. The potential for a cost overrun in the construction phase. That potential, however, is limited by the following:
The construction contractor has agreed to a guaranteed maximum price subject only to these exclusions:
(a) Any increase or decrease in the Cost of the Project Work resulting from the imposition of additional requirements or reallocation of the Cost of the Project Work by a Tenant of the Owner (such as AT&T, in which instance AT&T would cover the cost);
(b) Any increase or decrease in the Cost of the Project Work resulting from any Change Order made pursuant to those reasons set forth in the General Conditions and Supplementary General Conditions.*
(c) Any increase in the Cost of the Project Work resulting from the Owner's failure to cooperate reasonably with Contractor, including without limitation owner's failure to carry out its duties.
*Those General and Supplementary Conditions reflect the County's standard subsurface exclusions but they have been further narrowed by the following;
Section 3.6.3.
Contractor acknowledges and agrees that it was required to inspect the Site to determine the scope of work and difficulties to be encountered and assumes all risks that could have been discovered by that inspection. Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access the Owner has granted, Contractor is responsible for accommodating all Site conditions in the Final Plans and construction of the Project Work, regardless of when the Site condition is discovered, but shall not be responsible for any conditions of the off-Site Staging and Lay Down Areas, except to the extent that such conditions were disclosed by the drawings and other information provided by Owner to Contractor. Notwithstanding a failure by Contractor to perform its Site investigation due diligence consistent with the access Owner has granted under this Section, Contractor shall be responsible for successfully constructing the Project Work without adjustment of the Guaranteed Maximum Price.
Section 5.3.
In accordance with Section 3.6.3 of this Agreement, Contractor acknowledges that it has reasonably inspected the Site within the scope of access the Owner has granted for the purpose of digging holes necessary to fully perform the Project Work to a depth of no less than 6.5 feet and has had the opportunity to perform any and all advisable testing as dictated by the Site inspection and the professional expertise of the Contractor. Therefore, with the exception of unusual conditions differing materially from what would normally be encountered given the topography of the Site and subsurface information, any incurred costs in excess of or otherwise not covered by the Guaranteed Maximum Price resulting from Contractor's failure or inability to dig holes measuring 6.5 feet in depth as part of the Project Work shall be the sole responsibility of the Contractor.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Jeff Rein, Chief Deputy County Administrative Officer
DATE: February 4, 2016
SUBJECT: Consideration of (a) Pole Attachment Agreement between the County of Lake and Pacific Bell Telephone Company; (b) Amendment to Tower and Ground Space License Agreement between U.S. Cellular Corporation, New Cingular Wireless PCS, LLC, and the County of Lake; and (c) Agreement with Streamline Engineering for Project Testing and Inspection Services in an amount not to exceed $10,000
EXECUTIVE SUMMARY:
Four years ago AT&T (aka: New Cingular Wireless PCS, LLC) approached the County about upgrading the electric utility service that provides power to the communications site on Buckingham Peak via an overhead power line which begins at the Riviera West Subdivision and extends the top of Buckingham Peak. That communications site consists of a County-owned tower (and equipment building) and an AT&T-owned tower (and equipment buildings) which reside on property leased from the County.
The current electric utility service has only enough capacity to support the County's tower and equipment building. As a result, AT&T and its tenant, US Cellular (of which the County receives 50% of the US Cellular's rent), utilize propane generators that run 24 hours a day to support their operations. The long-term financial cost of continuously running generators as well as the resulting impact to air quality provided AT&T and US Cellular with incentive to invest in such an upgrade. An upgrade would also be in the County's best interest because 1) the existing utility poles are 40� years old and in a severely declining state, 2) the restricted power capacity limits the County's ability to support additional tenants, and 3), the new power lines and the type of power utilized (3-phase vs single phase) will provide for more efficient delivery of power, 4) it would secure the long-term tenancy of AT&T and US Cellular from which we currently receive $51,000 per year.
In the initial approach to this project, AT&T evaluated undergrounding of the utility service. They invested considerable resources in that assessment including engineered plans, environmental studies, geotechnical reports, easement acquisition and permitting. Nonetheless, AT&T abandoned the project after soliciting bids for the undergrounding work which came in at an unexpectedly high cost of 2.1 million dollars. At that point AT&T notified County staff that it was no longer willing to invest staff time in the project. Consequently, County staff picked up the ball and pursued an approach that provides for replacement of the power poles and overhead utility lines. AT&T verbally committed to funding this approach if the cost was reasonable. Besides the incentives noted above, they are especially motivated to abide by their funding commitment because their ground-lease with the County expires May 31, 2016.
Since then, staff has coordinated the necessary components of the project including surveying, engineering, easement acquisition, permitting and cost-sharing agreements with AT&T and T-Mobile who will also benefit from the upgrade. Collectively, these parties will cover the entire cost of the project based on the project budget of $745,000.00. The project budget is outlined in the attachment entitled "BUCKINGHAM PEAK POWER UPGRADE PROJECT BUDGET."
Risk Factors:
The Utility Agreement establishes $745,000.00 as the total project costs, consisting of design costs ($138,261.00) and construction costs ($606,739.00). Under the terms of the Utility Agreement, the County is obligated to collect $100,000.00 from its licensee, T-Mobile Corporation, to pay for part of the total project cost, and the County shall be solely responsible to pay this $100,000.00 in the event it fails to collect said amount from T-Mobile Corporation. Also under the terms of the Utility Agreement, AT&T is responsible for any design and construction work related to the project under its contract with Pacific Gas & Electric in the amount of $85,000.00, and AT&T is responsible for payment of any amount in excess of this $85,000.00. In addition to this $85,000.00, AT&T is also responsible to pay for the remainder of the total project costs estimated at $560,000.00 after application of the aforementioned $100,000.00 payment amount.
In light of the foregoing, the County will be responsible for both the aforementioned $100,000.00 payment and any costs in excess of AT&T's responsibility of $560,000.00. In a project of this complexity, that does impose a risk upon the County. This risk mainly consists of the possibility that the total project costs would exceed $560,000.00 and the County might be responsible for subsequently paying significant cost overruns due to circumstances unforeseen or unanticipated by the pertinent contracting parties (e.g. the construction contractor).
In exchange for assuming this risk, AT&T agreed to cap the reimbursement they are to receive from the "utility buy-in" fee that will be collected from most future users of the upgraded utility service. AT&T's reimbursement from the utility buy-in will be capped at $245,000.00 and T-Mobile will not receive any reimbursement at all. Because a utility buy-in could be a disincentive to potential future tenants, staff believes it is extremely important to limit the application of that utility buy-in to future users.
Because the construction contracts are governed by the Contractor's Guaranteed Maximum Price, the aforementioned risk of construction cost overruns is partially mitigated. Nevertheless, the Guaranteed Maximum Price is subject to the exceptions found in all County construction contracts such as any County-initiated changes to the project and County-responsibility for certain subsurface conditions.
In this project, the most likely factor to result in a cost overrun is the finding of rock that complicates the digging of the holes for the utility poles. There will be 14 holes that are 2 feet in diameter and 6.5 feet in depth. To mitigate this risk to the County, the Contractor has agreed to accept cost responsibility for any complications he may encounter in digging these holes to a 6.5 feet depth. The risk of any other subsurface conditions impacting this project is further mitigated by the following factors:
1. These holes are being dug immediately adjacent to the existing utility poles and so the area in question has already been subject to prior excavation.
2. The following contractual language which is intended to reduce the County's risk of cost overruns by holding the contractor responsible for the accommodation of the Project Site conditions that were reasonably discoverable by him.
"3.6.3 Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access the owner has granted, Contractor is responsible for accommodating all Site conditions in the Final Plans and construction of the Project Work, regardless of when the Site condition is discovered, but shall not be responsible for any conditions of the off-Site Staging and Lay Down Areas, except to the extent that such conditions were disclosed by the drawings and other information provided by Owner to Contractor. Notwithstanding a failure by Contractor to perform its Site investigation due diligence consistent with the access Owner has granted under this Section, Contractor shall be responsible for successfully constructing the Project Work without adjustment of the Guaranteed Maximum Price."
3. The construction contract includes a 15% contingency fund.
Approval of Plans and Specifications (Subject No. 2)
The plans and specifications for construction of the Buckingham Peak Power Upgrade Project are complete and a copy has been filed with the Clerk of the Board and presented herewith for your approval.
Award of Energy Services Construction Contracts (Subjects No. 1, 3 & 4):
Because of the complexity of this project, staff's first step in developing these plans was to identify a contractor who was qualified to not only build the project but to assist in the design of such a unique project. For the most part, design-build projects are prohibited by statute. This project, however, qualifies for one of the exemptions by virtue of Government Code Section 4217.10 et seq. which allows us to both forego the normal bidding procedures and utilize a design-build approach when the project includes energy conservation measures, which this project clearly provides for the reasons stated above. To effectuate this exemption, the attached resolution must be approved at a noticed public hearing.
After making numerous inquiries, Northern California Power was consistently recommended as the "go-to" contractor for such a project. Since then, acting in the capacity of an unpaid consultant, Northern California Power has been instrumental in the development of the plans by virtue of their willingness to share their expertise and coordinate input from AT&T, PG&E and the design engineer who actually drafted the plans.
In light of the foregoing, staff recommends award of the attached construction contracts to Northern California Power Company. The estimated time for completing the construction phase is four weeks baring weather or other unexpected delays.
Acquisition of Easement and Right-of-Way (Subjects No. 5 & 6):
The existing utility line occupies a 10 foot corridor which begins at the edge of the Riviera West Subdivision and extends up the side of Mt. Konocti to Buckingham Peak. Because the new utility line will have to be constructed prior to deconstruction of the existing utility line, new boundaries for this corridor had to be defined which in turn necessitates acquisition of new right-of-ways and/or easements from the two property owners on which the corridor resides, (BLM and Harbor View Mutual Water Company). BLM does not provide permanent easement rights and instead issues temporary Right-of-Way Grants that have a maximum term of 30 years, the total cost of which is $12,004.43. Harbor View Mutual Water Company has agreed to sell a permanent easement to the County at the appraised cost of $2,400. Attached are documents required to effectuate these acquisitions.
Utility Agreement (Subject No. 7)
As stated above, AT&T and T-Mobile are willing to fund costs related to this project. T-Mobile's funding commitment was previously memorialized in an amendment to its Licensing Agreement. AT&T's commitment is memorialized in the attached Utility Funding Agreement.
Amendments to Ground Leases with Crown Castle and U.S. Cellular (Subject No. 8 & 11):
Although the original ground lease is with AT&T, Crown Castle, Inc., who is the largest holder of communications towers in the US, recently acquired the rights to approximately 9700 of AT&T's tower properties nationwide, including the ground lease on Buckingham Peak. As such, AT&T and US Cellular become tenants of Crown Castle. In light of the fact that the current ground lease expires on May 31, 2016, it is in the interest of both Crown and its tenants that their continued occupancy of the site is assured. Consequently, in return for arranging AT&T's funding of this project, Crown Castle has asked for a 30 year extension of the ground leases with AT&T and US Cellular. The proposed ground lease amendment provides for extension of the Term as well as acceptance of AT&T's assignment of their interest in the ground lease to Crown Castle. Staff, including the County's Communications Site Manager, supports this new arrangement including the new Term since it is consistent with industry standards and will provide the County with a continuing source of revenue that is guaranteed to increase by at least 3% each year. The proposed ground lease amendment is attached for your consideration.
Pole Attachment Agreement with AT&T (Subject No. 9):
Although the cell carriers are funding the power upgrade project, the County retains ownership of the entire infrastructure including the utility poles. The Pacific Bell Division of AT&T desires to install fiber optic cable to the Buckingham Peak communications site which necessitates use of these utility poles and adjacent County-owned property. Having access to fiber optic on Buckingham Peak may prove to be beneficial to the County at some point in the future. Permission to utilize these County resources is granted by the attached Pole Attachment Agreement and Easement Grant.
Utility Payment Agreement with U.S. Cellular (Subject No. 10):
As previously stated, this new utility line will be solely owned by the County. As such, the utility bill will be the responsibility of the County. Nevertheless, the tenants that occupy the communications site will be responsible for payment based on the electric utility usage. Consequently, an Agreement that memorializes this arrangement with U.S. Cellular is needed. A similar arrangement with AT&T (New Cingular Wireless) is incorporated in the above referenced Utility Agreement (Subject No. 7).
Inspection and Testing Agreement with Streamline Engineering (Subject No. 12):
The purpose of this contract is to provide construction quality assurance with the primary purpose being to ensure that the construction work is completed in accordance with the Final Plans. This is the only expense that will not be reimbursed by the funding partners.
..Recommended Action
RECOMMENDED ACTION:
Although it has taken over four years and many hours of discussion and negotiation with the eight entities involved in this project, staff believes that the approach outlined herein achieves the most cost-effective and long-term solution to providing reliable and sufficient power to the Buckingham Peak Communications Site. Although, like any project, the construction phase of this project has a risk of a cost overrun, staff believes that it has mitigated that risk by transferring as much as possible to the Contractor, as discussed above (see also "Project Risk/Reward Profile" below). Consequently, staff recommends your Board's approval of the attached documents in order to effectuate commencement of the outlined approach.
Power Upgrade Project Risk/Reward Summary
PROJECT RISK/REWARD PROFILE
Reasons to Support of the Project:
1. The existing poles are at risk of collapsing.
2. Although use of Buckingham Peak is the most cost-effective alternative for AT&T in its delivery of cellular service to Lake County, it does have alternatives approaches as evidenced by Verizon's approach which utilizes multiple lower altitude sites in lieu of one higher altitude site.
3. The current power capacity is very limited and this project provides significantly more power which in turn provides opportunity to attract additional tenants.
4. It secures AT&T's tenancy and U.S. Cellular's license for the foreseeable future from which we currently receive $51,000 per year.
5. The power upgrade will provide an alternative to the continued use of propane powered generators. Not only will this have a positive impact on air quality but it will also eliminate the weekly trips that the propane company has to make to the top of the mountain which in turn reduces wear and tear to the road and improves safety of those otherwise using the road (e.g. hikers, bikers, and other vehicles). Consequently, this project qualifies as a conservation measure as defined in Government Code Section 4217 et al. because it reduces energy use and/or makes for a more efficient use of energy.
Reasons to be Concerned about the Project:
1. The potential for a cost overrun in the construction phase. That potential, however, is limited by the following:
The construction contractor has agreed to a guaranteed maximum price subject only to these exclusions:
(a) Any increase or decrease in the Cost of the Project Work resulting from the imposition of additional requirements or reallocation of the Cost of the Project Work by a Tenant of the Owner (such as AT&T, in which instance AT&T would cover the cost);
(b) Any increase or decrease in the Cost of the Project Work resulting from any Change Order made pursuant to those reasons set forth in the General Conditions and Supplementary General Conditions.*
(c) Any increase in the Cost of the Project Work resulting from the Owner's failure to cooperate reasonably with Contractor, including without limitation owner's failure to carry out its duties.
*Those General and Supplementary Conditions reflect the County's standard subsurface exclusions but they have been further narrowed by the following;
Section 3.6.3.
Contractor acknowledges and agrees that it was required to inspect the Site to determine the scope of work and difficulties to be encountered and assumes all risks that could have been discovered by that inspection. Except for environmental conditions and subsurface or other conditions that could not have reasonably been discovered by a reasonable inspection of the Site within the scope of access the Owner has granted, Contractor is responsible for accommodating all Site conditions in the Final Plans and construction of the Project Work, regardless of when the Site condition is discovered, but shall not be responsible for any conditions of the off-Site Staging and Lay Down Areas, except to the extent that such conditions were disclosed by the drawings and other information provided by Owner to Contractor. Notwithstanding a failure by Contractor to perform its Site investigation due diligence consistent with the access Owner has granted under this Section, Contractor shall be responsible for successfully constructing the Project Work without adjustment of the Guaranteed Maximum Price.
Section 5.3.
In accordance with Section 3.6.3 of this Agreement, Contractor acknowledges that it has reasonably inspected the Site within the scope of access the Owner has granted for the purpose of digging holes necessary to fully perform the Project Work to a depth of no less than 6.5 feet and has had the opportunity to perform any and all advisable testing as dictated by the Site inspection and the professional expertise of the Contractor. Therefore, with the exception of unusual conditions differing materially from what would normally be encountered given the topography of the Site and subsurface information, any incurred costs in excess of or otherwise not covered by the Guaranteed Maximum Price resulting from Contractor's failure or inability to dig holes measuring 6.5 feet in depth as part of the Project Work shall be the sole responsibility of the Contractor.
Clerk’s notes: This item was carried over to February 23, 2016 at the request of staff.
9.8Consideration of Reduction of Office Hours at the Sheriff's Office
Action Item
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
The Sheriff's Department's Main Office at 1220 Martin Street is open Monday-Friday from 8 AM to 5 PM, except on weekends and holidays as mandated in Chapter 2, Article 1, Section 2-2 of the Lake County Code. The public window is normally staffed by 2 Law Enforcement Records Technicians who answer phones, route calls, and interact with members of public seeking information and/or services from the Sheriff's Department. These two employees are also responsible for the Records function of the Department which includes providing reports, recordings, and documents to the District Attorney, responding to Public Records Act requests, accepting legal process for service, and numerous other required tasks.
Of these two employees, one has been out for several weeks due to a medical condition. The date this employee is expected to return to full duty is uncertain. The second employee has recently been promoted, but continues to work in her previous capacity until a replacement can be found. Other clerical staff are occasionally assigned to cover the front desk functions, but this prevents those employees from carrying out the functions of their respective assignments.
One of the critical functions of the Law Enforcement Records Techs is to provide reports to the District Attorney's Office within 48 hours of a person's arrest. Typically, numerous people are arrested over weekends. This creates a large number of "in-custody" reports that need to be processed on Monday mornings to make it to the DA's Office with sufficient time to meet legal requirements.
This request is for authorization to close our public office hours on Monday mornings until 1:00 PM. This closure is proposed to remain in effect until such time as we have hired sufficient Law Enforcement Records Techs to adequately staff the public desk while at the same time meeting our legal requirements to process reports on Monday mornings for delivery to the District Attorney's Office. As of the writing of this memo, there is an active recruitment for the Law Enforcement Records Tech position, and the Sheriff's Office will continue its efforts to fill these positions.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Department recommends approval for the reduction of office hours until such time as position vacancies can be filled.
Original memo text
..Title
..Body
MEMORANDUM
TO: The Honorable Board of Supervisors
FROM: Brian Martin, Sheriff-Coroner, OES Director
DATE: February 2, 2016
SUBJECT: Authorize Sheriff's Department to Reduce Open Office Hours
EXECUTIVE SUMMARY:
The Sheriff's Department's Main Office at 1220 Martin Street is open Monday-Friday from 8 AM to 5 PM, except on weekends and holidays as mandated in Chapter 2, Article 1, Section 2-2 of the Lake County Code. The public window is normally staffed by 2 Law Enforcement Records Technicians who answer phones, route calls, and interact with members of public seeking information and/or services from the Sheriff's Department. These two employees are also responsible for the Records function of the Department which includes providing reports, recordings, and documents to the District Attorney, responding to Public Records Act requests, accepting legal process for service, and numerous other required tasks.
Of these two employees, one has been out for several weeks due to a medical condition. The date this employee is expected to return to full duty is uncertain. The second employee has recently been promoted, but continues to work in her previous capacity until a replacement can be found. Other clerical staff are occasionally assigned to cover the front desk functions, but this prevents those employees from carrying out the functions of their respective assignments.
One of the critical functions of the Law Enforcement Records Techs is to provide reports to the District Attorney's Office within 48 hours of a person's arrest. Typically, numerous people are arrested over weekends. This creates a large number of "in-custody" reports that need to be processed on Monday mornings to make it to the DA's Office with sufficient time to meet legal requirements.
This request is for authorization to close our public office hours on Monday mornings until 1:00 PM. This closure is proposed to remain in effect until such time as we have hired sufficient Law Enforcement Records Techs to adequately staff the public desk while at the same time meeting our legal requirements to process reports on Monday mornings for delivery to the District Attorney's Office. As of the writing of this memo, there is an active recruitment for the Law Enforcement Records Tech position, and the Sheriff's Office will continue its efforts to fill these positions.
FISCAL IMPACT: _X_ None __Budgeted __Non-Budgeted
Estimated Cost: N/A
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable):
..Recommended Action
RECOMMENDED ACTION:
The Sheriff's Department recommends approval for the reduction of office hours until such time as position vacancies can be filled.
On motion of Supervisor Comstock, and by vote of the Board, approved a temporary reduction in public hours on Monday's (Closed 8am - 1pm), to be revisited April 19, 2016 @ 9:30 a.m. The motion carried by the following vote:
Clerk’s notes: Sheriff Brian Martin presented the item to the Board.
Chair Brown asked if anyone present wished to speak. No one spoke and the public input portion of this item was closed.
9.9Consideration of Letter of Support for the New Lakeport Courthouse Project
Letter
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
I've been in contact with Krista LeVier, Superior Court Executive Officer regarding the status of the courthouse project and she is respectfully requesting the Board of Supervisors assistance. While architects continued to finalize the design documents, in May 2015 it was determined that the project was significantly over budget. During the past nine months, the architect and construction manager have been reviewing the current L-shaped design to determine if any more cost savings could be realized. At the direction of the Judicial Council staff, they reviewed alternative building schemes to determine if there was a way to reduce the project cost. While they were able to value engineer an additional $3.6 million out of the project, unfortunately it has finally been determined that there is no way to reduce the project costs any further. Bottom line is that the project needs an additional $6.2 million dollars.
The Court Facilities Advisory Committee (CFAC) must authorize the additional funding. The project is scheduled to be presented to the CFAC on March 3, 2016. As part of that presentation Ms. LeVier would like to submit letters from community leaders expressing support for the project. The attached letter is being presented to the Board for approval and signature.
We cannot stress enough how important this meeting is to the success of the new Lakeport Courthouse project. Without the authorization from this committee the future of the project is unknown at best, and likely would not more forward. Our support as a Board would be extremely beneficial.
..Recommended Action
RECOMMENDED ACTION:
I recommend the Board approve the letter of support for the new Lakeport Courthouse project and authorize the Board to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Supervisor Farrington
DATE: February 5, 2016
SUBJECT: Consideration of Letter of Support for New Lakeport Courthouse Project
EXECUTIVE SUMMARY:
I've been in contact with Krista LeVier, Superior Court Executive Officer regarding the status of the courthouse project and she is respectfully requesting the Board of Supervisors assistance. While architects continued to finalize the design documents, in May 2015 it was determined that the project was significantly over budget. During the past nine months, the architect and construction manager have been reviewing the current L-shaped design to determine if any more cost savings could be realized. At the direction of the Judicial Council staff, they reviewed alternative building schemes to determine if there was a way to reduce the project cost. While they were able to value engineer an additional $3.6 million out of the project, unfortunately it has finally been determined that there is no way to reduce the project costs any further. Bottom line is that the project needs an additional $6.2 million dollars.
The Court Facilities Advisory Committee (CFAC) must authorize the additional funding. The project is scheduled to be presented to the CFAC on March 3, 2016. As part of that presentation Ms. LeVier would like to submit letters from community leaders expressing support for the project. The attached letter is being presented to the Board for approval and signature.
We cannot stress enough how important this meeting is to the success of the new Lakeport Courthouse project. Without the authorization from this committee the future of the project is unknown at best, and likely would not more forward. Our support as a Board would be extremely beneficial.
..Recommended Action
RECOMMENDED ACTION:
I recommend the Board approve the letter of support for the new Lakeport Courthouse project and authorize the Board to sign.
On motion of Supervisor Comstock, and by vote of the Board, approved the letter. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Matt Perry presented the item to the Board.
Chair Brown asked if anyone present wished to speak. No one spoke and the public input portion of this item was closed.
9.10Discussion and Consideration of Proposed Clear Lake Water Quality Projects to submit to Assemblyman Dodd and Senator McGuire for Special Funding.
Action Item
approved — Pass
Carried 4-0 — moved by Steele (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
At the request of Assemblyman Dodd and Senator McGuire, staff is compiling a list of potential projects to present for special funding.
Staff is currently still working on this and will present to the Board Tuesday, February 16, 2016.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted N/A
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Will Evans, Water Resources Deputy Director
DATE: February 11, 2016
SUBJECT: Discussion and Consideration of Proposed Clear Lake Water Quality Projects to submit to Assemblyman Dodd and Senator McGuire for Special Funding.
EXECUTIVE SUMMARY:
At the request of Assemblyman Dodd and Senator McGuire, staff is compiling a list of potential projects to present for special funding.
Staff is currently still working on this and will present to the Board Tuesday, February 16, 2016.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted N/A
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
On motion of Supervisor Steele, and by vote of the Board, directed staff to work collaboratively to develop a comprehensive list of projects, including estimated costs, to present to Assemblymember Dodd and Senator McGuire. The motion carried by the following vote:
Clerk’s notes: Water Resources Director, Scott De Leon presented the item to the Board.
Chair Brown asked if anyone wished to speak. No one spoke and the public input portion of this item was closed.
9.11Consideration of Letter of Support for Senate Bill 937 (McGuire) Disaster Relief: County of Lake: 2015 Wildfires
Letter
approved — Pass
Carried 4-0 — moved by Comstock (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Staff memo
EXECUTIVE SUMMARY:
As requested by your Board in November 2015, Senator McGuire's office has prepared SB 937 to waive the County's cost share of 25% for projects resulting from the devastation of the 2015 wildfires in Lake County which ultimately resulted in a declaration of a state of emergency, as well as a local health emergency.
Staff would like to formally thank Senator McGuire's office for introduction of said bill and respectfully asks your Board to approve the attached letter of support.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted N/A
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Approve Letter of Support for Senate Bill 937 (McGuire) Disaster Relief: County of Lake: 2015 Wildfires and authorize the Chair to sign.
Original memo text
..Title
..Body
MEMORANDUM
TO: Board of Supervisors
FROM: Matt Perry, County Administrative Officer
DATE: February 10, 2016
SUBJECT: Consideration of Letter of Support for Senate Bill 937 (McGuire) Disaster Relief: County of Lake: 2015 Wildfires
EXECUTIVE SUMMARY:
As requested by your Board in November 2015, Senator McGuire's office has prepared SB 937 to waive the County's cost share of 25% for projects resulting from the devastation of the 2015 wildfires in Lake County which ultimately resulted in a declaration of a state of emergency, as well as a local health emergency.
Staff would like to formally thank Senator McGuire's office for introduction of said bill and respectfully asks your Board to approve the attached letter of support.
FISCAL IMPACT: __ None __Budgeted __Non-Budgeted N/A
Estimated Cost:
Amount Budgeted:
Additional Requested:
Annual Cost (if planned for future years):
FISCAL IMPACT (Narrative): N/A
STAFFING IMPACT (if applicable): N/A
..Recommended Action
RECOMMENDED ACTION:
Approve Letter of Support for Senate Bill 937 (McGuire) Disaster Relief: County of Lake: 2015 Wildfires and authorize the Chair to sign.
On motion of Supervisor Comstock, and by vote of the Board, approved the letter. The motion carried by the following vote:
Clerk’s notes: County Administrative Officer Matt Perry presented this item to the Board.
Chair Brown asked if anyone present wished to speak. No one spoke and the public input portion of this item was closed.
10. Closed Session
10.1Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, M. Perry, K. Ferguson and S. Jansen; and (b) Employee Organizations: DDAA, DSA, LCCOA, LCEA and LCSEA
10.2Conference with Legal Counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9, subd. (d)(1): Bond v. Lake County, et al.
Closed Session Item
10.3Public Employee Evaluations
Title: Agricultural Commissioner
Title: Public Works Director
Closed Session Item
10.4Public Employee Appointment pursuant to Gov. Code Section 54957(b)(1): Interviews and Appointment of Interim Behavioral Health Director.
Closed Session Item
approved — Pass
Carried 4-0 — moved by Smith (recovered from the archived minutes)
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
Brown: aye Comstock: aye Farrington: absent Smith: aye Steele: aye
On motion of Supervisor Smith, and by vote of the Board, appointed Kevin Thompson as Interim Behavioral Health Director effective today. The motion carried by the following vote:
Clerk’s notes: The Board reconvened into Regular Session at 4:06 p.m. having taken the following action: